Facts

Defendant California Pools Inc. installed a pool in plaintiff Jose Rodriguez's backyard in fall 2005. The pool included a cover that mechanically rolled up into a vault covered by cement blocks. After the blocks came out uneven, workers for California Pools and its subcontractor, defendant Rangel Masonry Inc., broke apart at least one block and re-poured it. When the workers broke apart the cement, the metal tray's wire mesh, which helped keep the cement together and secured to the tray, was also removed. The workers did not replace the metal tray and mesh when re-pouring the blocks.

A year after the pool was installed, Rodriguez and his wife tried removed the blocks to clean the vault. While they were carrying one of the cement trays, the cement allegedly slipped from the tray and fell onto Rodriguez's right foot. Rodriguez filed suit against California Pool and Rangel Masonry for breach of contract, breach of warranty and negligence.

PLAINTIFF'S CONTENTIONS:
Rodriguez alleged that the concrete slipped because the mesh and/or metal tray were not replaced when the workers re-poured the concrete.

DEFENDANTS' CONTENTIONS:
The defendants admitted that the concrete was not re-poured properly, however, maintained that the cause of Rodriguez's injury was the result of Rodriguez taking one hand off the tray and the subsequent dropping of the tray and cement as one unit. The defendants also argued the statute of limitations had run on all contract claims.

Injuries

Rodriguez suffered a broken right toe and a neuroma. As a result of the neuroma, Rodriguez had to undergo a nerve excision to remove the nerve in his foot. After the neuroma grew back in October 2009, he had to undergo a second excision. As a result of these surgeries, Rodriguez's right foot was partially and permanently numb, and also permanently scarred.

Result

The jury returned a verdict for the defense, stating the defendants' negligent conduct was not a proximate cause of the accident.

Deliberation

1.5 hours

Length

one week