Aaron Thomas v. F.R. Stewart, as Trustee of the F.R. Stewart Trust, and John Moore, as Trustee of the John M. Moore and Caryll D. Moore Trust
Published: May 12, 2012 | Result Date: Jun. 2, 2011 | Filing Date: Jan. 1, 1900 |Case number: 30-2008-00113818-CU-PL-CJC Verdict – $1,297,880
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gary L. Wyatt
(medical)
Gordon Globus
(medical)
John Martinet
(technical)
Joseph Chong-Sang Wu
(medical)
David M. Lechuga Ph.D.
(medical)
Defendant
Marc C. Viau
(technical)
David N. Glaser
(medical)
Facts
Aaron Thomas was inspecting a building he was considering leasing as a work space. He climbed an internal fixed ladder which led to the building's roof, accessible through a metal hatch. The hatch struck Thomas in the head as he exited the roof, causing him to get knocked down. He fell 20 feet to the concrete floor below. He landed on his face and suffered injuries to his face, brain, left knee, and wrists.
Contentions
PLAINTIFF'S CONTENTIONS:
Thomas sued F.T. Stewart, and other entities who owned the building, for negligent maintenance, which allegedly created a dangerous condition. Thomas further alleged that defendants had actual notice of the dangerous condition and failed to warn of the dangerous condition.
DEFENDANTS' CONTENTIONS:
Defendants argued comparative fault, contending Thomas had no business going up the roof.
Damages
Thomas sought $1,297,875 in damages for past and future medical costs, and past and future pain and suffering. The defense contested the extent of his brain injuries, but did not object his claims for orthopedic injuries.
Injuries
Thomas was rushed to the emergency room following the incident. He sustained several facial fractures, including a permanent frontal love damage from the fall, which resulted in cognitive defects. He also suffered from a crushed left knee and underwent surgery to repair it. He sustained fractures to both wrists and underwent lengthy physical therapy. Thomas continued to suffer from permanent numbness in his face and may require future surgery. He also suffered from continued stiffness in his limbs, which altered his gait. He also claimed that he continued to suffer from cognitive impairments, which affected his daily life and work, and which required him to take daily psychiatric medication.
Result
The jury found defendants 100 percent liable and awarded Thomas $1,297,875 in total damages. The parties stipulated to an agreement, reducing the award to $1,245,796.
Deliberation
two hours
Length
eight days
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