Paula Marie Harris v. G.R. McKervey, Inc., et al.
Published: Aug. 24, 1996 | Result Date: Jul. 22, 1996 | Filing Date: Jan. 1, 1900 |Case number: 716170 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Les T. Zador
(Law Offices of Les T. Zador)
Mark Allen Kleiman
(Kleiman Rajaram)
Defendant
Experts
Plaintiff
Jerry L. Hildreth
(technical)
Ralph H. Venuto
(medical)
D. Thomas Rogers
(medical)
Defendant
John F. Perry
(technical)
Facts
On Dec. 18, 1992, plaintiff Paula Marie Harris, a 39-year-old insurance agent, was allegedly crossing Vanguard Way in the defendant city of Costa Mesa, when she tripped on something believed to be either gravel and/or loose asphalt adjacent to a stockpile of asphalt material being utilized by the defendant general contractor, G.R. McKerbey, Inc. Defendant G.R. McKerbey was using the materials for cold-patching roadway excavation while installing a 10-inch water line below the street on a project for defendant Orange County Water District. The plaintiff alleged that there was inadequate clean-up of materials on the job site and inadequate barricading of the stockpiled material. The plaintiff also cklaimed there was an insufficient inspection at the conclusion of each work day of both clean-up and barricading by inspectors for the defendants state, city and water district. The defendants argued that the plaintiff was aware of the construction site and stockpile material and voluntarily walked through the site when other safer paths were available to her. There were not any witnesses to the accident and the plaintiff's injuries were allegedly inconsistent with the mechanics of a trip and fall type of accident. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a joint C.C.P. º998 settlement demand for $195,000. The defendants made a C.C.P. º998 offer of compromise for $20,000, increased to $55,000. The plaintiff then countered with $70,000 and the defendants "pulled" the $55,000 offer. After opening statements were made and the first several witnesses were called, the plaintiff indicated that she would accept the $55,000 settlement offer.
Specials in Evidence
$49,000 $30,000
Damages
The plaintiff asked the jury for $100,000 to $200,000 in general damages with an assessment of 15 to 20 percent comparative negligence against herself. The defense argued that the plaintiff was solely and exclusively responsible for the accident and the resultant damages and that there should be a defense verdict.
Injuries
The plaintiff alleged that she sustained a fractured clavicle and a torn rotator cuff. The plaintiff also developed thoracic outlet syndrome and suffered a contusion to her right eye, as well as undergoing three surgeries as a result of the accident.
Other Information
The verdict was reached approximately two years and 11 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Oct. 19, 1994, before Judge J. Robert Thomas of Orange County Superior Court, Dept. 33. It did not resolve the matter. Defense experts Pieter Dwinger and Kenneth McKervey were designated and deposed. The defense chose not to use either expert at trial after Dwinger admitted McKervey violated the City Municipal Code and developed evidence that Burres (the defense's expert neurosurgeon) had been suspended from a hospital's medical staff.
Deliberation
2 hours and 45 minutes
Poll
11-1 (G.R. McKervey), 10-2 (State of California), 10-2 (Orange County Water District), 10-2 (City of Costa Mesa)
Length
7 days
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