Facts

On Dec. 26, 2008, plaintiff Timothy Gage was working for New Life as a painter, on assignment at the O'Neil Surf Shop in Santa Cruz. Plaintiff was facing a wall, masking an electrical outlet in preparation for painting, when a 500-pound partition wall fell, striking him on the head.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the partition walls had been negligently stacked in the center of the room by Max Cabinets and Stone employees. Plaintiff was following his employer's instructions in being present in the room in question at the time of the accident. Employer had no information suggesting that plaintiff's presence in the room would be dangerous to him.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff's employer had agreed to keep New Life employees out of the room in question until Max Cabinets and Stone employees were done working there. Plaintiff should have received this information.

Injuries

Plaintiff injured his neck and left shoulder. He had surgery to attempt repair of what was believed to be a rotator cuff tear. Surgery was not wholly successful. It was contemplated that plaintiff would need retraining for an alternate form of employment.

Result

The case settled for $300,000, with $260,000 to plaintiff and $40,000 to pay workers' compensation lien.

Other Information

FILING DATE: July 20, 2009.