Facts

James Strouse sued Webcor Construction LP d/b/a Webcor Builders, the general contractor of the Cal Berkeley project, in connection with a workplace accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a sheet metal worker for Acco Engineered Systems Inc. and working on a retrofit project at the University of California, Berkley's outdoor football stadium. Plaintiff was allegedly attempting to cross an expansion joint cover made of plywood when it gave way, causing him to fall. Plaintiff's foot was caught in an expansion joint, which then caused him to fall forward. Plaintiff sustained various injuries as a result and sued defendant. Defendant allegedly had control over the workers' safety on the project and that it was liable for failing to maintain the safety of the subject area.

DEFENDANT'S CONTENTIONS:
Defendant filed a third-party claim against cross-defendant Acco for indemnity and blamed the accident on Acco. In any event, defendant disputed plaintiff's claimed injuries.

Settlement Discussions

Webcor offered $1.5 million when jury deliberation began, Strouse countered at $2.5 million.

Injuries

Strouse injured his knee and back. He underwent ACL surgery and followed up with physical therapy. He continued to have issues in his knee and back, which he treated with epidural shots and other treatment. He later developed "popping" in his hip, requiring a hip arthogram that revealed an impingement. Strouse ultimately underwent surgery to treat his hip.

Result

The jury found Webcor negligently exercised its retained control over the expansion joint covers, which was a substantial factor in causing Strouse's harm. Webcor was unanimously found to be 100 percent at fault. Additionally, the jury found that neither Strouse nor cross-defendant ACCO were negligent. The jury found that Webcor negligently retained control over the area, but was not instructed on affirmative contribution. The jury found that the cover was not defectively designed. The jury awarded Strouse $2,626,750 in total damages, which included $63,532 in past medical expenses, $142,520 in future medical expenses, $629,884 in past lost earnings, $1,240,814 in future lost earnings, $150,000 in past pain and suffering, and $400,000 in future pain and suffering. The jury also found against Webcor in its complaint against Acco.

Other Information

On April 25, 2016, judgment was entered by the court for plaintiff against defendant Webcor on plaintiff's complaint, and cross-defendant ACCO against defendant Webcor on Webcor's cross-complaint.