Facts

Plaintiff Thomas Herbert, a longshoreman, alleged damages from a trip and fall incident, which occurred at a marine terminal in the Port of Los Angeles.

City of Los Angeles owned the premises, which were under the long-term lease agreement with plaintiff's employer, Eagle Marine Services Ltd. At the time of the incident, defendant APL Limited regularly had vessels calling at the terminal for stevedoring operations. As such, the terminal was often referred to as the APL Terminal.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the marine terminal was in a dangerous condition as a result of defendant's negligent maintenance, inspection and repair. Plaintiff claimed that APL controlled the terminal even though it was not the tenant.

DEFENDANT'S CONTENTIONS:
City of Los Angeles and APL claimed that they were not responsible for the maintenance, inspection or repair of the paving of the premises. The premises were not in a dangerous condition at the time of incident, and even if it had been, neither the city nor APL had notice of the dangerous condition or a duty to repair.

Settlement Discussions

Plaintiff's lowest demand was $3 million. Defendants' highest offer was $50,000.

Injuries

Plaintiff suffered two cervical spine surgeries, left knee replacement surgery, and various other injuries. Plaintiff alleged that he would not be able to return to work.

Result

Defense verdict for City of Los Angeles and APL Limited.

Other Information

Trial was bifurcated on liability and damages. FILING DATE: Nov. 17, 2009.

Deliberation

6.75 hours

Length

nine days