Facts

On April 18, 2003, plaintiff Angel Renteria was taking a class in broadband television installation at private vocational school RWM Fiber Optic Inc. As part of his instruction, Renteria had to climb a pole with gaffs (metal spikes). Renteria did not sign any liability waivers or releases, nor was he provided with any fall protection either.

While on a certification climb, Renteria fell from a pole about 12 feet up and landed on his buttocks.

Claiming physical damages, Renteria sued RWM Fiber for premises liability (dangerous condition) and negligence. RWM Fiber's president Mel Weiss, site director Paul Bonagura, and instructor Eugene McKinley were originally included as defendants as well, but were dismissed during trial in exchange for a waiver of costs and a stipulation that they were agents of the school.

PLAINTIFF'S CONTENTIONS:
Renteria claimed the school was negligent in the design of its training program, the lack of any fall protection, the inadequate training of its teachers, and the lack of investigation into proper safety devices used at similar schools.

DEFENDANT'S CONTENTIONS:
RWM Fiber challenged Renteria's claims, arguing there was no need for fall protection since Renteria was on a certification climb, which is typically done without fall protection.

RWM Fiber also claimed that Renteria was comparatively liable because another student testified Renteria was goofing off before the accident. The school claimed Renteria knew he was too tired to make the climb, but did so anyway.

Settlement Discussions

The plaintiff demanded $149,999 as per C.C.P. Section 998. The defendant demanded $110,000 as per C.C.P. Section 998.

Damages

Renteria sought between approximately $1.4 million and $1.8 million for medical costs, past and future wage loss, and pain and suffering.

Injuries

Renteria injured his vertebral discs T7-8 and T8-9. He claimed the injuries started degenerative changes that resulted in two herniated discs. He was treated with medication and anti-inflammatories. Orthopedic spine surgery expert Bruce E. Van Dam testified for the plaintiff that Renteria would need fusion surgery within the next five years. RWM Fiber challenged the nature and extent of the injuries, arguing Renteria had a pre-existing, degenerative disc disease.

Result

The jury found RWM Fiber 70 percent liable for the accident and Renteria 30 percent liable. The jury awarded Renteria $650,000, consisting of $400,000 for past and future medical expenses and wage loss, and $250,000 for past and future pain and suffering. After apportionment of liability, the award was reduced to $455,000.

Other Information

Renteria will move for his trial costs after prevailing on his CCP Section 998 demand.

Deliberation

2.5 days

Poll

9-3 (on most votes)

Length

five days