Facts

On June 4, 2003, Saul Garcia, plaintiff, 38 years old, a union construction laborer, was injured when he fell from the lift gate of a truck operated by defendant's employee, as the truck was backing up and struck a concrete median.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged the truck driver's negligence caused the accident. The plaintiff also claimed that on each prior occasion when the driver had moved the truck, the equipment was secured first. The plaintiff also claimed the driver breached defendant's written procedures by moving the truck with unsecured equipment.

DEFENDANT'S CONTENTIONS:
The driver argued that before moving the truck, he had told plaintiff that he was going to back up the truck and warned plaintiff to watch out. The defendant also argued that plaintiff got on the lift gate, even after being warned of the dangers, purportedly "to catch a ride." Defendant saw plaintiff walking away from the truck before he entered the truck. The defendant further argued that plaintiff's employer was negligent in not training plaintiff properly and by failing to provide adequate lighting at the scene of the accident. According to the defendant, had the lighting been adequate, the driver would have never struck the concrete median.

Defendant's medical expert testified that he observed plaintiff with full, pain-free range of shoulder motion.

Damages

The plaintiff sought damages for his medical expenses, past and future lost wages, and past and future pain and suffering. The plaintiff also sought punitive damages contending that employer forced the driver to work multiple 16-hour days. Time cards proved that defendant's employee worked at most 36 hours in the seven days before the accident.

Injuries

Plaintiff alleged that his left shoulder was injured due to the fall. He was diagnosed with a dislocated shoulder and a labrum tear. Later, plaintiff was diagnosed with adhesive capsulitis. Plaintiff underwent two surgeries for his shoulder and underwent physical therapy. According to plaintiff, he experienced permanent pain and limited range of motion in his left shoulder.

Result

The jury found in favor of plaintiff, but found he was three percent at fault. Plaintiff was awarded $1,909,790 in gross damages. After reducing the initial award amount for medical bills actually paid and comparative negligence, the net award was $1,852,496 plus costs. Pursuant to plaintiff's award of costs and prejudgment interest (pursuant to plaintiff's rejected Section 998 offer), the total net judgment will exceed $2,050,000. The jury found for defendant on punitive damages.

Other Information

The plaintiff sued the driver as well, but he was dismissed as a party before the trial. New trial motion is pending. Depending on outcome of new trial motion, defendant will notice an appeal.