Facts

Gabriel Escalera filed a lawsuit against Live Oak Cogen LLC, WCAC Operating Co. California LLC, Consolidated Asset Management Services Inc., Miami Boiler and Machine Co., Charles Kent Porterfield and Aquatech International Corp. following a workplace incident. Later, Miami Boiler was dismissed, and plaintiff settled with Aquatech.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that in 2012, he was working as a foreman at a cogeneration plant owned by Live Oak and was testing a water storage tank for leaks. He claimed that while doing so, pressurized air made the bottom of the tank plummet and consequently launched him into the air. In particular, he argued that defendants should have had better lockout procedures, were aware of corrosion on the tank and incorrectly ordered testing.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff and his employer were negligent in the manner he did his duties and failed to comply with the instructions regarding testing and repairs.

Settlement Discussions

Escalera demanded $4.5 million under CCP Section 998 and was offered $100,000.

Injuries

Escalera claimed he suffered numerous fractures of his leg, pelvis and tibia, and required implanted hardware. Plaintiff claimed he required a bilateral hip and knee replacement, and lifetime pain management.

Result

The jury awarded $14,271,000, which consisted of $11.5 million in noneconomic damages and $2,771,000 in economic damages. The award was reduced to $3,873,900 based on plaintiff and plaintiff's employer's fault.

Deliberation

six hours

Poll

9-3 (liability)

Length

three weeks