Confidential

Facts

On Sept. 19, 2006, the decedent was electrocuted while attempting to repair a leak in a water pipe. The water pipe was located under a portable restroom facility on property owned by a company and leased, controlled, and operated by other companies. Defendants observed that the ground around the restroom was wet and asked the decedent, the gardener and landscaper, to repair the water leak. Defendants caused asphalt to be removed from the area and a trench to be dug so that the decedent could have access to the water pipe. The decedent entered the water-filled trench to repair the leak and was electrocuted.

In the course of discovery, defendants determined that the building was not properly grounded and removed a light fixture from the subject restroom the day after the decedent was electrocuted. It has been determined that this light fixture was the source of electricity that energized the metal pipe and killed the decedent. Defendant electrician had replaced the fixture in December 2005. Subsequent to that work, the light was retro-fitted with a photosensor. This work resulted in a pinched wire; it is unknown who completed this work.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the light fixture was defectively designed and manufactured by defendant light manufacturer. It is undisputed that defendant manufacturer subsequently redesigned and modified the subject light fixture.

Result

The parties settled at mediation for $6.5 million. Defendant light manufacturer settled with plaintiff for a mutual waiver of costs.