Earls v. Zappia
Published: Mar. 7, 2004 | Result Date: Nov. 17, 2003 |Case number: C0200356 Verdict – $3,326,070
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Facts
On Nov. 30, 2001, the plaintiff was injured when interior wooden scaffolding collapsed. The plaintiff had built the wooden scaffold himself.
Specials in Evidence
$214,488 $611,581
Injuries
The plaintiff suffered a spinal cord injury with permanent injuries.
Result
$3,326,069 judgment against the contractor/employer only. Defense as to son; directed verdict as to the contractor/employer's spouse.
Other Information
The defendant did not carry workers compensation insurance. The defendant contended that the plaintiff was an independent contractor. This contention was decided for the plaintiff at a workers' compensation hearing and appeal, depriving defendant of a jury trial on the issue, and bound the parties in a civil action. By statute, the defendant was presumed negligent and comparative fault did not apply. Motion for a new trial has been denied.
Deliberation
three days
Length
four days
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