Robert La Follette, Anna La Follette v. Charles La Follette, Leslie La Follette
Published: Jun. 24, 2003 | Result Date: Feb. 26, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV142128 Verdict – $0
Judge
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
David S. Spini
(Scruggs, Spini & Fulton)
Experts
Plaintiff
Larry Reardon
(technical)
Tipkins Hood
(medical)
Defendant
Brett Shelton
(technical)
Facts
The plaintiff, Robert La Follette, a 56-year-old professional roofer, offered help to his brother, Charles La Follette, in re-roofing the brother's home which had been damaged in a fire. He arrived at his brother's house during the morning of May 27, 2001. Robert was asked by Leslie La Follette not to go on the roof but there is conflicting testimony on this request. In the morning, Robert worked on the ground cutting boards and passing them to his brother and to another man. After lunch, and with all work on the ground completed, Robert climbed onto the roof to assist in nailing down the sheathing material. He began working at the edge of the roof and positioned himself in a manner referred to as "riding the roof," which is sitting on his hip at the roof edge. After being on the roof for only one or two minutes, and while trying to nail his first board, the plaintiff fell off the roof and onto a concrete surface below.
Settlement Discussions
The plaintiffs demanded $250,000 at the settlement conference but lowered this to $150,000 during trial. The defendants offered by way of C.C.P. Section 998 $142,500 to Robert La Follette, prior to trial, and $7,500 to Anna La Follette. The offers were withdrawn after the trial began.
Specials in Evidence
$39,288 Please provide a figure and also an estimate of loss of pension and medical benefits.
Injuries
The plaintiff sustained a broken left calcaneus which required an open reduction and internal fixation as well as a fractured right tibial plateau. The plaintiff alleged that he would not be able to return to his prior occupation as a roofer. The defendants did not dispute the nature of the plaintiff's claimed injuries but they did dispute his claim of disability.
Deliberation
two hours
Poll
9-3
Length
three days
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