Facts

On May 7, 2008, plaintiff Xavier Kreitz, age 33, was playing pick-up basketball in the gymnasium at the Cathy Hensel Youth Center, owned by the City of Montebello. Plaintiff ran off the court and struck his head on a scissor lift parked about six feet diagonally off the court.

Plaintiff alleged he suffered a brain lesion and was disabled by multiple injuries including right hand RSD, TMJ, sleep troubles, psychological problems, heart palpitations, and right shoulder injury. Plaintiff claimed that he had only minimal injuries to his right hand before the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that placing the scissor lift near the basketball court created a dangerous condition of public property.

DEFENDANT'S CONTENTIONS:
The city claimed that the scissor lift's placement was reasonable because it was six feet diagonally outside the prolongations of the sidelines and baselines, especially considering that unpadded bleachers in other parts of the gymnasium had only three feet and six-inch clearance from the baselines and there were no reported injuries. Plaintiff was significantly impeached concerning his denial of prior injuries.

Settlement Discussions

At a voluntary settlement conference on Sept. 3, 2010, plaintiff demanded $1.2 million, reduced to $600,000 then lowered to $400,000. Defendant offered $5,000 with indications it might consider a demand below $10,000.

Specials in Evidence

$118,000 $1 million

Damages

$2.36 million in past and future pain and suffering

Result

Defense verdict.

Other Information

Plaintiff's gymnasium safety expert, Craig Cunningham opined that placement of the scissor lift was negligent and that it should have been moved outside or the gymnasium should have been closed. Cunningham also believed that any hard, unpadded object within eight feet of a basketball court was dangerous. Plaintiff's medical experts stated that plaintiff suffered a brain lesion from striking the scissor lift, and this caused right-handed RSD, cognitive problems, and radiating neck and back pain. The collision also caused bilateral meniscal tears in the knees requiring surgery, right shoulder impingement, TMJ syndrome, and a laceration to the back of plaintiff's head. Plaintiff's psychologist, Dan Reichwald admitted that the accident caused only 40 percent of plaintiff's current psychological complaints. Defendant's safety engineer, Richard Warner, testified that placement of the scissor lift was reasonable considering the baselines on two other basketball courts in the gymnasium had only three feet and six-inch clearance next to hard, unpadded bleachers and there had been no reported injuries. Warner also had photographs of gymnasiums at schools where Cunningham consulted depicting hard, unpadded objects much closer than eight feet. Defense medical experts agreed that the accident caused at most some minor neck and back pain that should have resolved with the therapy plaintiff received, a minor concussion that should have resolved in two to three weeks (there being no evidence of brain lesion on any radiographic studies), and right shoulder impingement that should resolve with Cortisone injections. The meniscal tears were degenerative because plaintiff did not complain of knee pain until some three months post-accident. The accident was responsible for, at most, only 25 percent of plaintiff's current depression and anxiety condition. FILING DATE: Oct. 20, 2009.

Deliberation

half hour

Poll

11-1

Length

seven days