Facts

Darren Miller was working on the seventh floor balcony of a new high-rise building construction in downtown Los Angeles when he was struck in the back of his head by a 16-foot-long two-by-four. Although he was wearing a helmet at the time, the impact rendered him unconscious for at least a minute.

The material that hit him was a guardrail that had been installed around a materials platform on the 20th floor. Mr. Crane Inc. employees were reportedly operating the crane at the time of the accident and were moving materials off the platform, when they knocked the guardrail off the platform.

Miller sued Conoco, the general contractor, and Mr. Crane for negligence. His wife brought a claim for loss of consortium.

Specials in Evidence

$38,000 $200,000 Approximately $1.4 million if Darren Miller completely unable to return to work. $225,000

Damages

Miller sought $38,000 for past medical; $225,000 for future medical; $200,000 for past wage loss, up to $1.4 million if completely unable to return to work.

Injuries

Miller was rendered unconscious from being struck in the head. He continued to suffer pain in his neck, lower back and shoulders as well as headaches and sporadic numbness and tingling into both upper extremities.

Result

The parties reached a settlement of $1,290,000 and waiver of workers' compensation lien in excess of $110,000.

Other Information

INSURER: Zurich Insurance.