Facts

In May 2004, plaintiff Harold Clark sustained injuries at a residential job site. At the time, he was directing the unloading of a 1,000-lb. Sequoia tree from a delivery truck. To pull the tree out of the truck, plaintiff had connected to the bucket of an excavator a towing strap with metal hooks. The strap detached from the bucket, snapped back and struck plaintiff in the forehead. Plaintiff sued defendants Pacific Peninsula Group and others.

CONTENTIONS:
The defendants contended that the plaintiff was the sole cause of his own injury, based on eyewitness testimony of the members of the plaintiff's work crew. An eyewitness claimed that plaintiff directed the excavator operator to back up, over the objections of the operator. Defendants further contended that plaintiff removed the hook that had been secured by the defendant's work crew and that plaintiff insisted that "his hook-up was okay" when the excavator backed up, causing plaintiff's injury.

Specials in Evidence

Plaintiff claimed $312,757.

Damages

Plaintiffs sought $4,657,757.

Injuries

Plaintiff sustained a closed-head injury with an open depressed skull fracture. The condition required two operations. He also suffered, in part, from loss of memory and personality changes. Plaintiff Lynn Clark claimed loss of consortium.

Result

The parties settled for $350,000.