Facts

Plaintiff Saul Rodriguez worked for a temporary agency and was assigned to work at Ken Small Construction as a helper. Ken Small Construction was installing 8-inch water pipe in an oil field in Bakersfield. Ken Small workers hoisted a heavy water pipe onto a pipe stand, which was manufactured by Blackjack Machine & Fab Inc. and distributed by Praxair Distribution Inc. so that it may be cut. When the pipe was placed on the stand in the oil field where the ground was made of dirt and uneven, the weight of the pipe caused one or more legs of the stand to dig into the dirt, causing the stand to tip and the pipe to fall on plaintiff's foot. Plaintiff's suffered a crush injury, resulting in a below the knee amputation.

PLAINTIFF'S CONTENTIONS: The terrain was hilly and uneven. The pipe was not tied off or secured in any way other than the weight of the pipe supporting the pipe on the stand. The stand was designed for use on solid, even grounds. The base of each leg was small, measuring approximately 2 inches x 2 inches. Plaintiff sued the manufacturer and distributor of the stand, contending that the stand was defective in design, manufacture, and warning.
Plaintiff sued Ken Small Construction, contending its employees were negligent in not tying off the pipe before instructing plaintiff to work on the pipe. Plaintiff challenged the worker's compensation lien because of employer's negligence.

DEFENDANT'S CONTENTIONS: The manufacturer and distributor denied that the stand was defectively designed, manufactured, or that there was a failure to warn. To the extent that there was a failure to warn, plaintiff was a sophisticated user of the product and thus, no warning was necessary.

Ken Small Construction contended that any claims against it was barred by worker's compensation exclusivity rule.

Plaintiff-in-Intervention contended that it was entitled to $535,690, representing its full workers' compensation lien plus credit for future benefits.

Injuries

Below the knee amputation.

Result

Plaintiff settled with the manufacturer and distributor of the stand for the policy limits of $1 million. Ken Small Construction obtained a summary judgment on workers' compensation exclusivity. Plaintiff and Ken Small Construction agreed to a waiver of costs in exchange for a waiver of appeal. Plaintiff and Plaintiff-in-Intervention agreed to a reduced lien amount of $75,000 without any future credit rights.