Facts

On April 5, 2013, plaintiff Chad Case was working through an employment service at Schlumberger Technologies helping restore large oil well pipes. Defendant Maria Elena Carbajal, drove onto the premises to make a delivery. As she backed up to leave, she struck the end of a 25-feet long metal box used to store oil pipes. The other end of the box swung and hit plaintiff in the back of the legs, causing him to fall backwards and hit his head and back.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant negligently operated her delivery truck and caused the incident.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the incident caused plaintiff to sustain a shoulder injury, which has been repaired and no other injuries.

Settlement Discussions

Plaintiff made a CCP 998 demand for $650,000, inclusive of workers' compensation claim. Defendant made CCP 998 offer of $185,000, inclusive of $73,000 workers' compensation claim.

Damages

Plaintiff was earning $10 per hour when injured.

Injuries

Plaintiff claimed he sustained a SLAP tear of his left shoulder and shoulder impingement. Operation in October 2016. Claimed he sustained a concussion from which he recovered and an aggravation of a lower back injury confirmed in 2010 by MRI.

Result

The jury rendered a verdict for the plaintiff and awarded him $250,000, which included $83,000 in past loss of earnings, $9,000 in other past economic, $30,000 in future medical, $21,000 in future loss of earnings, $12,000 in other economic, $50,000 in past non-economic, and $45,000 future non-economic.

Other Information

Workers' Compensation Carrier dismissed its consolidated lawsuit for reimbursement of workers' compensation benefits pursuant to a settlement with plaintiff. Plaintiff waived past medical expenses at trial, plaintiff is also entitled to costs. INSURER: Maria Elena Carbajal was insured by State Farm. FILING DATE: April 1, 2015.