Facts

On Aug. 6, 2008, plaintiff Jay Rosaves, 52, an electrician, was working on a construction project at 375 Laguna Honda Boulevard, home to Laguna Honda Volunteers, Inc. In the morning, while Rosaves was walking up a wooden entry ramp, he tripped and fell over a sheet of wire mesh that was covering the ramp. He stood up, looked to see if his hands were cut, and walked back into the building to his work area. Plaintiff wrote out an accident report indicating that he had pain in his right hand. He filled out a workers' compensation claim form indicating an injury to his right wrist.

Rosaves sued Turner Construction Company, the project's construction manager at risk, and Angotti & Reilly, the project's labor subcontractor. Plaintiff brought causes of action for premises liability and negligence, claiming defendants created a dangerous condition that caused the accident and his injuries.

PLAINTIFF'S CONTENTIONS:
Rosaves contended that Angotti negligently constructed the ramp in question, which was used transport heavy equipment in carts and hand trucks. Plaintiff claimed that due to a build up of mud, the ramp was lined with wire mesh to prevent slipping, but as a result, the ramp became a tripping hazard. Rosaves claimed that as the project manager in charge of safety, Turner was negligent for failing to properly inspect and maintain the ramp, causing the dangerous condition to go unrepaired.

DEFENDANTS' CONTENTIONS:
Defendants contended they did not affirmatively cause plaintiff's harm, and that plaintiff had deprived the defendants from presenting a defense having lost or destroyed photographs he took in the days following the fall.

Damages

Rosaves claimed he missed work from December 2008 to February 2010, and has returned with general limitations. He claimed he still has periodic shoulder pain and discomfort, and still requires some pain medication. Rosaves claimed $65,000 in damages for past medical costs, $75,000 in past lost earnings, and $50,000 for his pain and suffering. Defendants claimed that his missed work, and lost earnings claim, was excessive.

Injuries

Rosaves claimed injury to his right shoulder; torn rotator cuff; cortisone injections; arthroscopy; physical therapy.

Result

The parties negotiated a mediated settlement for $70,000.