Facts

On March 18, 2011, at 1:30 p.m., plaintiff Patrick Rash, 25, was walking with friends, south on Figueroa Street towards LA Live in downtown Los Angeles. Plaintiff and his friends stopped on the sidewalk at the northwest corner of Figueroa Street and Olympic Boulevard and waited for the pedestrian traffic signal. Suddenly, and without warning, a falling ladder struck Plaintiff. He stumbled and fell to the ground bleeding profusely from the traumatic head wound.

The ladder was a 250-pound heavy-duty 40-foot construction ladder manufactured by Werner. Prior to falling, the ladder had rested against a vertical blue car wash sign on the northwest corner of the intersection. The ladder was being used to access and work on a cellular telephone cite located in the car wash sign.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant failed to properly secure, monitor, and safeguard the subject ladder which was being used to work on a cell site for Verizon Communications that was located inside or on top of the car wash sign.

DEFENDANT'S CONTENTIONS:
Defendants contended that the ladder fell as a result of excessive wind.

Injuries

The ladder essentially scalped Plaintiff. He suffered a closed head injury; complicated scalp laceration (24 staples, five sutures); neck strain; head and neck pain; and headaches.

Result

The case settled for $140,000.

Other Information

INSURER: Scottsdale Insurance Company.