Confidential
Settlement – $687,500Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Alexis Galindo
(Curd, Galindo & Smith LLP)
Defendant
R. Wesley Beavers
(McCarthy & Beavers)
Experts
Plaintiff
David Moses
(technical)
Isaac Regev
(medical)
Donald Motzkin
(medical)
Darryl R. Zengler M.A.
(technical)
Dennis St. Clair
(technical)
Michael D. Roback
(medical)
Defendant
Jerry L. Hildreth
(technical)
Robert Gallucci
(technical)
Richard C. Warner
(technical)
Steven R. Graboff
(medical)
Mark Vogel
(medical)
Facts
The plaintiff was injured at a construction-site accident that occurred on July 13, 1999. His wife claimed loss of
consortium. Defendant construction company was the general contractor on the job site. The project was a city
studio center. Defendant fence company was a subcontractor hired by defendant construction company to
install chain link and iron fences with security gates around the perimeter of the job site. Defendant steel
company was hired by defendant fence company to manufacture and install the iron fencing and security gate,
which was the subject of this suit.
Additionally, plaintiff insurer filed its intervention action to recover the $53,000 advanced as the workersÆ
compensation carrier. Four days prior to the incident, the plaintiff was working on the subject premises. The
plaintiff was painting parking spaces on the newly paved parking lot. His employer, parking company, was the
subcontractor for the job under defendant construction company.
On the day of the incident, the plaintiff and his partner arrived at the job site at approximately 12:10 p.m. Prior
to the plaintiffÆs arrival on the premises, steel company employees were installing the 1,200 pound iron gate for
subcontractor fence company. The steel company employees then left the premises to get lunch and a part
needed to complete the installation of the gate. The steel company employees allegedly left the gate unsecured
and unattended. The steel company employees also purportedly failed to properly barricade the driveway
approach and gate. They also allegedly failed to provide adequate warning that the gate was not yet secure and
operable.
When the plaintiff and his partner arrived on the premises, the plaintiff thought the gate was completed. The
plaintiff attempted to open the gate, the gate suddenly collapsed and fell on the plaintiff as he attempted to
escape the impact.
The plaintiff was treated at L.A. County General Hospital after he was taken there via
ambulance. He was hospitalized from July 13, 1999 and discharged on July 29, 1999. The
plaintiff followed up his treatment with Dr. Shamlou and Downey Physical Therapy.
Settlement Discussions
The plaintiffs initially demanded $750,000. A mediation was held on July 16, 2001 with retired Judge Irwin Norwin. The matter was settled at the mediation for $687,500. The settlement was funded 66 percent by defendant steel company and 33 percent by defendant fence company.
Specials in Evidence
$69,304 $15,916 $44,183 approximately $100,000
Injuries
The plaintiff sustained a left hemothorax and pneumothorax with pulmonary contusion, multiple left rib fractures of the 9th, 10th and 11th ribs and an upper lumber L2 compression fracture. Additionally, the plaintiff suffered a severe central canal stenosis at the L1-2 and L2-3, a 6 mm posterior disc bulge at L1-3 and a 5mm disc bulge at L2-3. The plaintiff also suffered severe lacerations to his back, gross scarring and deformity to his back, as well as testicular pain, urinary urgency and erectile dysfunction. The plaintiff maintained that he will need a future surgical procedure which includes a total L2 laminectomy, partial bilateral L3 hemilaminectomy, partial bilateral L1 hemilaminectomy, partial right L1 and L3 facetectomies and total left L2 facetectomy and fat grafting. This procedure with the associated therapy and hospital billing was estimated to cost $100,000.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390