Facts

On Aug. 22, 2008, Gabriel Nieves drove a semi-truck trailer to a construction work site on Highway 99, transporting rolls of chain link fencing to the site. He was taking fencing off the trailers when a roll of fencing, which weighed 125 pounds, fell off the trailer, and landed on his head. He sued the manufacturer of the fencing, Southwestern Wire Inc., and the entity that ordered the fencing, All Commercial Fence Co. Southwestern cross-complained against All Commercial. Later, Nieves' claims against All Commercial and the cross-complaint against it were dismissed.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that each set of fencing should have been tightened with metal wires going through the fence and with wooden pallets, but Southwestern didn't secure the fencing. In addition, plaintiff argued Southwestern should have placed metal wires on every set of fencing, as well as double metal bands, instead of just one, which was inadequate. Plaintiff also argued that the fencing pallet, metal bands, and other parts were designed or made in a defective way, given that they weren't strong enough to hold the fencing in pace or stop it from rolling onto plaintiff.

DEFENDANT'S CONTENTIONS:
Southwestern rejected any claims of wrongdoing and argued that plaintiff failed to pay sufficient attention, making him negligent. It also argued that he failed to see that others performing the unloading were being careless.

Injuries

Plaintiff suffered back injury, compression fracture, hearing loss, anterolisthesis, bone graft, cervical fusions, implanted hardware and subluxation.

Result

The parties settled the case for $275,000, which Travelers Indemnity Co. paid for as Southwestern's insurer.