Facts

On March 19, 2008, plaintiff John Wemmer, working as a delivery driver for DHL, was delivering a 25-pound box to the second floor of a San Jose Apartment building owned by defendants. Plaintiff stepped in a hole at the top of the stairs, tearing the medial meniscus of his right knee and displacing a bone fragment in his ankle.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the injuries to his right knee and ankle was caused by the incident.

DEFENDANT'S CONTENTIONS:
Defendants claimed that plaintiff's injuries resulted from pre-existing degenerative conditions.

Injuries

Plaintiff had subsequent surgery on both knee and ankle, but was deemed unable to return to work as a class A delivery driver and will need to be retrained for an alternate occupation.

Result

The case settled for $760,000. Workers' compensation lien to be paid for $86,000.

Other Information

FILING DATE: April 14, 2009.