Dennis Scharf, Gladys Scharf v. Calvary Chapel of Temecula Valley, a California Religious Corporation; Gary H. Nelson, an Individual in his Capacities as an Officer and Director of Calvary Chapel of Temecula Valley; Coop Family Trust, a Personal Trust; Donald W. Coop, an Individual; Sappington Construction, a Business Entity, Form Unknown; Lee Sapp
Published: Nov. 21, 2015 | Result Date: Aug. 10, 2015 | Filing Date: Jan. 1, 1900 |Case number: RIC463993 Settlement – $3,800,000
Court
Riverside Superior
Attorneys
Plaintiff
David R. Rosenberg
(Schumann Rosenberg)
Kim Schumann
(Schumann Rosenberg)
Case C. Barnett
(Case Barnett Law Corp.)
Defendant
Mitchell D. Dean
(Dean Gazzo Roistacher LLP)
Facts
Audio/visual technician Dennis Scharf, 58, volunteered to install electrical wiring at his church Calvary Chapel Temecula Valley, in Temecula. On January 25, 2005, Scharf fell off the top of a wall as he was trying to install cable and wiring inside the church.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant church and Pastor Gary Nelson were negligent in their operation and management of a construction project at the church. Plaintiff claimed that because of the mismanagement of the project, Scharf was left alone on a Sunday night on a short timeline without adequate tools or supplies to complete the project he was requested to perform.
Plaintiff's wife Gladys Scharf allegedly found her husband lying unconscious on the floor with blood and cerebral spinal fluid around his head. The Scharfs sued the church, the officer and director of the church, the owner of the premises, and the general contractor and its owner under various negligence causes of action as well as promissory estoppel and loss of consortium.
DEFENDANTS' CONTENTIONS:
Defendants contended that Scharf was negligent while performing the installation work.
Injuries
Scharf claimed he fractured his skull, nose and knee and broke several bones in his shoulder. He was in a coma for approximately three weeks. Plaintiff underwent knee replacement surgery. Plaintiff was later diagnosed with brain injury. The injury allegedly triggered a severe mood disorder that was accompanied by psychosis, intense anger and paranoia. Scharf also allegedly showed symptoms of dementia.
Result
The jury found Calvary Chapel Temecula Valley and Nelson 49 percent liable and Scharf 51 percent liable. The parties settled for $3.8 million prior to the damages phase of trial. The breakdown of damages included $2 million for life care planning and $1.8 million for pain and suffering.
Other Information
FILING DATE: Jan. 17, 2007.
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