Facts

On Feb. 26, 2010, plaintiff Thurman Walker was properly stationed as a security guard at Gate 4 of a commercial real estate development construction project, at the corner of Olympic Boulevard and Georgia in downtown Los Angeles. At approximately 6:30 p.m., Walker was run over by a 33,000-pound Gradall forklift.

At the time of the accident, Walker was checking in a construction worker at Gate 4 into the project's hand-held security system when a forklift operating in reverse ran Walker down from behind. The forklift caught Walker's legs and ran over his foot, pushing him to the ground. Walker was 54 years old and employed by Allied Protection Services Inc., the security contractor for the project, at the time of the accident. Walker is married and has two teenage children.

Through the course of discovery in the suit, it was learned that the driver of the forklift (and his employer defendant Westside Building Material via vicarious liability/respondeat superior) operated the forklift at issue on the date of the incident with knowledge that the back-up alarm was not functioning. This allegedly negligent operation of the forklift resulted in the incident at issue.

Settlement Discussions

At the initial mediation, defendant Westside Building Materials offered $500,000 and plaintiffs were at an undetermined multi-million dollar figure. Construction defendant did not offer any contribution.

Specials in Evidence

$340,692.40 (plus an additional $27,900 in workers' compensation benefits)

Injuries

Mr. Walker's injuries included: left fibula fracture; fracture of the left glenoid/shoulder and dislocation; compartment syndrome; complex fractures of the right foot with diffuse soft tissue swelling; fractures along the distal medial ends of the first metatarsal bone, as well as along the distal end of the first proximal phalanx; fracture at the level of the hind-to-mid foot at the level of the second cuneiform, which was shattered; and left ankle sprain. In addition, Mr. Walker underwent surgery on his right hand and right foot with orthopedic surgeon, Dr. Gary Chen. As to the right hand, Mr. Walker underwent: open reduction and internal fixation of the interphalangeal joint dislocation; radial collateral ligament open repair; volar plate open repair; and radial side digital neurolysis and decompression. Mr. Walker's wife, Mary, maintained a loss of consortium claim.

Result

The case settled for $2.75 million with defendant Westside Building Materials and $100,000 with Construction defendants just prior to trial.

Other Information

INSURER: Zurich primary carrier, CNA, Excess.