Charles Bishop v. Jake Barry Productions, Avalon Productions, Los Angeles Dodgers, TNA Tours
Published: Jul. 30, 2002 | Result Date: May 31, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC197067 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, a 48-year-old stagehand, was a guest at the Rolling Stones Concert at Dodger Stadium on
November 10, 1997.
The plaintiff was backstage and was about to leave the stadium near the end of the
concert when he alleged his right kneecap was struck by a fork on a forklift that was being swung
around as he began to walk toward the parking area where his vehicle was parked.
Settlement Discussions
The plaintiff's attorney at one point stated that he might consider $150,000 but there was no formal demand, nor were there any settlement discussions between the parties.
Specials in Evidence
No medical expenses were put into evidence as all care and treatment was rendered at County Hospital and they did not file a lien. The plaintiff was working for an entertainment production company as a rigger/driver at the time of the accident. He claimed that he suffered loss of earnings in the area of $25,000 to $40,000.
Damages
The plaintiff claimed he could no longer work as a steel rigger because of his injuries and made a claim for future loss of earnings, albeit no specific figure was put into evidence.
Injuries
The plaintiff sustained a comminuted fracture of the right patella and underwent surgery to repair the comminuted fracture, which included the insertion of pins and wires to reattach the patella. The plaintiff has atrophy of the muscles in the right leg; he has limitations of motion in the right leg and walks with a limp.
Other Information
The parties were unable to locate any witnesses to the accident nor the alleged forklift driver. The plaintiff was taken from the stadium to County General Hospital by attendants from Event Medical Service, the ambulance company hired by the promoter to provide emergency medical service for the concert. On the way to County General Hospital, the plaintiff told one of the medical attendants that he had caught his foot on an extended fork of a forklift that he had not seen and had fallen down.
Deliberation
17 minutes
Length
3.5 days
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