Facts

On Nov. 15, 2013, at about 4:30 p.m., plaintiff Chon Ho Park, 68, was driving down the long driveway of his complex and noticed that the metal slide gate at the end of the driveway was acting erratically. He watched it open and closed a few times, and called his landlord for instructions on what to do. The landlord instructed plaintiff to flip the switch to the motor box off, so that the landlord can evaluate the issue later that day. Plaintiff, while still on the phone, attempted to reach for the switch, but it was out of reach and sight. Plaintiff then walked out to the exterior of the unit to look for the switch. The switch was inside the motor box exterior plastic housing. Plaintiff watched the gate open and close again, and while still on the phone on the outside of the complex, reached into the two sets of metal bars and tried to flip the switch. The landlord did not ask him to do this. With his arm in, plaintiff's wrist was caught and the bars started closing again onto his arm, breaking his ulna and radius.

PLAINTIFF'S CONTENTIONS: Plaintiff brought suit against his landlords for negligent maintenance of the metal slide gate. Plaintiff alleged that the gate was in an unsafe condition, and defendants did not have a reasonable inspection system in place to discover and cure the defect.

DEFENDANT'S CONTENTIONS: Defendants contended that the gate was safe, that defendants had a reasonable inspection system in place, and that each time there was an issue with the gate, defendants hired a licensed gate repair company to make repairs. Defendants also contended that the sole cause of this incident was plaintiff, for assuming the risk by placing his arm in a moving gate.

Insurer

Liberty Mutual

Settlement Discussions

Defense served a CCP 998 for $175,000. Plaintiff demanded defendant's $500,000 policy.

Specials in Evidence

Meds: $30,000 Future Meds: $12,500

Injuries

Plaintiff suffered a comminuted fracture of his ulna and radius. During the first year of his injury, plaintiff could not get cleared for surgery because he was a smoker and had a lung condition. As a result, plaintiff suffered through a nonunion, which ultimately required surgery in Nov. 2014. After surgery, plaintiff's pain had nearly resolved, but he noticed some tingling in his fingertips, the result of acute-onset carpal tunnel, common with forearm fractures near the wrist. Plaintiff's tingling/numbness rated at a 1 to 4 out of 10. The hardware remained in plaintiff's arm through trial. All doctors in the case recommended that plaintiff have the hardware removed. Plaintiff, however, did not wish to have another surgery due to the uncertainty of the result and his age.

Result

The jury found in favor of the plaintiff and awarded him $1,017,500. Defendants were found 55 percent liable and plaintiff was found 45 percent comparatively at fault. His net verdict after apportionment is $559,625.

Deliberation

one day

Poll

12-0 (liability); 12-0 (special damages); 9-3 (general damages)

Length

seven days