Facts

On Nov. 30, 2011, plaintiff Guang Ri Jin was an electrician and was working at a Forever 21 store in the Fashion Valley Mall in San Diego.

Jin sued LS Interior Design Inc., Fashion Valley Mall LLC, and Forever 21, alleging premises liability and negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was forced at an unsafe height on a ladder, which caused him to fall and suffer catastrophic injury. Prior to his fall, Jin was using a scissor lift to perform the work at the heights required. Plaintiff alleged that 36 hours prior to his fall, the general contractor from LS Interior Design ordered that all scissor lifts be removed. The electrical foreman had repeatedly told the superintendents from LS Interior Design that his workers needed more time with the scissor lifts to safely complete their high work. Plaintiff claimed that as a result he fell and sustained injuries to his head.

Damages

Plaintiff's wife, Shui Yue Jin, sought recovery for loss of consortium.

Injuries

Jin claimed he suffered an acute subdural hematoma that caused internal bleeding. He had emergency surgery and treatment to the right front temporal craniectomy for decompression and removal of acute subdural hematoma. He claimed he was unable to perform basic functions and required round the clock care and medical and rehabilitation services from a facility.

Result

The case settled for $2 million for each plaintiff from LS Interior Design Insurer, $100,000 from Forever 21, and $50,000 from Fashion Valley Mall, for a total of $4,150,000.

Other Information

Forever 21 cross-complained against LS Interior and LS Interior agreed to pay Forever 21 $100,000. FILING DATE: March 25, 2013.