Facts

On July 27, 2006, Matthew Martin, plaintiff, an installer for BBQ's Galore, was installing barbecue equipment at Ali Mira's home. Mira, defendant, had ordered barbecue equipment from BBQ's Galore, and wanted a barbecue island to be installed from Outdoor Living Products, defendant.

Mira had removed a patio cover from his backyard, which left metal brackets that had held the patio cover. As Martin installed the barbecue equipment within the island, while Outdoor Living Products was installing the island, Martin stumbled over one of the brackets.

PLAINTIFF'S CONTENTIONS:
Martin sued Mira and Outdoor Living Products for negligence and premises liability on a theory of dangerous condition. The plaintiff claimed that he did not see the bracket.

DEFENDANT'S CONTENTIONS:
The defendants argued that there was no dangerous condition, and that plaintiff was comparatively at fault for not seeing the bracket.

Damages

Plaintiff claimed medical expenses in excess of $1 million, a life care plan of $2.6 million, and loss of earning capacity in the amount of $400,000. He sought a total of $1.5 million, which included damages for past and future pain and suffering.

Injuries

The plaintiff suffered a herniated nucleus pulposus at T9-10 and paraplegia. After the accident, he experienced a headache and low back pain. The next day he was unable to move his legs. He underwent three surgeries to his lower back in an attempt to correct the paralysis. The plaintiff was not able to return to work, and will require nursing care for the rest of his life.

Result

The parties settled the case for $1.5 million. Outdoor Living Products paid $1 million and Mira paid $500,000.

Other Information

Martin also pursued a workers' compensation claim that resulted in a settlement of $2.5 million. The workers' compensation claim was waived.