Facts

On Dec. 13, 2002, plaintiff Richard Briseno, age 51, was working as a welder at a construction site for a single-family home located in Indian Wells. He stepped onto an unfinished scaffold and fell.

Defendant Dunlap Concrete Construction Inc. was the subcontractor for the job. Defendant used scaffolds as it constructed the basement of the home. Although welders required permission from defendant to be on the scaffold, plaintiff was not individually warned against using it.

Although plaintiff admitted he observed the unfinished scaffolding to be dangerous, as it lacked handrails, he nonetheless used it during construction. Defendant never actually informed plaintiff of the unfinished portion of the scaffold.

Plaintiff's medical bills were paid by workers' compensation. He received $115,000 in temporary and total workers' compensation disability payments.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant negligently built the scaffold, which also should have had a warning sign or barrier to prevent its use.

DEFENDANT'S CONTENTIONS:
The defendant contended that the incomplete portion had a barrier, which plaintiff should have seen. The plaintiff was also aware of the obvious danger. His company failed to provide adequate training with respect to scaffolding safety. Further, the superintendent for the general contractor, not a party at trial, testified that he had warned other welders, and the welding company onsite superintendent, to steer clear of the scaffold unless granted permission. This testimony was confirmed by employees of defendant who also testified that warnings had been given to other welders at the job location.

Specials in Evidence

Plaintiff sought $45,000. Plaintiff sought $203,000. Plaintiff sought $400,000 for future lost earnings.

Injuries

The plaintiff sustained bulging discs in his cervical spine, knee injuries, and injuries to both wrists. An MRI revealed he required wrist surgery. He was unable to continue working as a welder due to pain. Although his knee injuries healed before trial, he continued to suffer severe pain in his wrists and neck. Claiming he was unable to perform any work, he made no effort to seek vocational rehabilitation. The plaintiff's hand surgery expert Eric Freedman and orthopedics expert Jacob Rabinovich opined that plaintiff was a candidate for vocational rehabilitation. Medical experts for both parties confirmed that plaintiff could not lift heavy objects, perform overhead work, or complete repetitive work with his hands. The plaintiff sought $1,097,000 for past and future pain and suffering. Defendant argued that plaintiff should have made efforts to find another job and seek vocational rehabilitation.

Result

The plaintiff was initially awarded $750,000 pursuant to a non-binding arbitration award. But defendant moved for trial de novo, and the jury found for the defense.

Deliberation

one hour

Poll

12-0

Length

six days