Facts

Plaintiff Steven Picazzo was a security guard for Andrews International at Loyola Marymount University under the direction of special employer, Loyola Marymount University. C.W Driver was a general contractor building a life sciences building on campus. To facilitate construction, a temporary bypass road was built with barricades.

Plaintiff filed suit against C.W. Driver Inc. and Patrick Migiorini dba American Gardens, AMS Paving Inc., and Anderson & Howard Electric Inc., after tripping and falling on the temporary bypass road on campus. Plaintiff was rendered a quadriplegic as a result of the fall.

General contractor, C.W. Driver, subcontracted to American Gardens the construction of the temporary bypass road with the work to be performed pursuant to field walks with C.W. Driver. American Gardens then sub-subcontracted the work to AMS Paving Inc. Anderson & Howard Electric Inc. installed lighting for the project.

PLAINTIFF'S CONTENTIONS: It was known that students were crossing the road through openings in the barricades so Loyola Marymount University directed C.W. Driver to close them. On Aug. 30, 2013, C.W. Driver closed all openings except for a 2-foot gap, which was next to a ramp with a rolled curb. That night, plaintiff was one of five security guards who left the security office after sunset to walk to the gym. They walked down the middle of the road, which as common for security guards on the closed campus. A car passed and they decided to get out of the road, so they headed for the gap in the barricades. It was rather dark but they were not using flashlights and plaintiff slipped on the rolled edge of the curb/ramp (about 4-inch elevation), fell forward, and struck his head on the barricade, losing all feeling in his arms and legs.

Plaintiff alleged that defendant C.W. Driver created a dangerous condition by not following their own plans, failing to barricade or warn of the hazard, and creating a gap that encouraged pedestrian use.

DEFENDANT'S CONTENTIONS: Defendant contended the gap was to permit access to a fire hydrant on the other side of the barricade. Defendant claimed plaintiff and his employers, Andrews and Loyola Marymount University, were negligent in walking in the road rather than the sidewalk and not using flashlight, plaintiff was also not wearing his glasses to see the curb/ramp, which the others saw.

C.W. Driver claimed that American Gardens owed contractual and equitable indemnity in relation to the road work and plaintiff's claims.

American Gardens asserted that there was no negligence on their part nor on the part of their sub-subcontractor AMS Paving. American Gardens also claimed that California Civil Code section 2782.05 served as a shield to C.W. Driver's claims of indemnity due to the active negligence of C.W. Driver.

Injuries

Plaintiff was diagnosed as an incomplete quadriplegic and remained hospitalized until trial. A year and a half after the accident, he was diagnosed with throat cancer (unrelated to accident) and has a significantly shortened life expectancy.

Result

The jury found in favor of the plaintiff and awarded him $16,322,951 in total damages, which included $2.9 million in past economic (worker's compensation lien), $3.4 million in future economic (life care plan future worker's compensation lien waived due to cancer), $4 million in past non-economic, and $6 million in future non-economic. As to apportionment, the jury found Loyola Marymount University 45 percent at fault, C.W. Driver 40 percent at fault, and plaintiff 15 percent. The jury found no fault as to defendants American Gardens, AMS Paving, and Anderson & Howard Electric. Judgment for plaintiff against C.W. Driver, after apportionment, was $7.3 million, less prior settlements for a net of $3.4 million.

Other Information

Plaintiff in intervention, Liberty Mutual, recovered nothing on their workers' compensation lien because the special employer's negligence (Loyola Marymount University) offset their lien. Liberty Mutual is likely to appeal. According to plaintiff, there were other theories against subcontractors. Plaintiff settled with all subcontractors after jury selection for $3.9 million. The loss of consortium claim settled separately for $1.6 million before opening statements.

Length

four weeks