Facts

Plaintiff Patricia Pelton, 55, was working as a security guard at the Empire Polo Club in Indio during the load in for the Desert Trip Music Festival in October of 2016. Pelton suffered a fractured vertebrae and eight broken ribs when a 450 pound sliding iron gate fell on her while she was closing the gate. The gate was installed by Roadrunner Garage Doors and Gates, a contractor hired by Empire Polo Club, two days before the gate fell.

PLAINTIFF'S CONTENTIONS: Pelton contended that Staff Pro employees were riding the 450 pound gate while opening and closing the gate in the days leading up to Pelton's accident. Pelton contended that the Staff Pro employees were riding and banging the gate against the gate stops as they opened and closed the gate. Pelton further contended that these actions by Staff Pro guards caused the gate stop to fail and caused the gate to come off its track and fall on Pelton.

DEFENDANT'S CONTENTIONS: Staff Pro contended that it was not negligent and that the contractor that installed the gate was primarily at fault for the gate falling. Staff Pro also contended that Empire Polo Club was liable as it failed to properly inspect the gate. Staff Pro further contended that even if its employees were negligent by riding the gate, that riding the gate did not cause the gate to fall.

Settlement Discussions

Pelton settled with the other three defendants for $450,000. Plaintiff served Staff Pro with a CCP 998 for $1,250,000. Plaintiff's last pre-trial demand was $1,000,000. Staff Pro offered Pelton $200,001 in a CCP 998.

Damages

Pelton sought medical damages of $400,000. Plaintiff did not pursue a lost wage or loss of future earning capacity claim.

Injuries

Pelton broke eight ribs and suffered a fractured vertebrae. Pelton treated conservatively for a few years and eventually had a cervical disc fusion.

Result

The jury found for the defense in a bifurcated liability trial.

Other Information

Pelton's Motion for a New Trial and JNOV based upon Defendant's expert having new opinions at the time of trial that were not disclosed during expert depositions were denied. Judgment was entered in Staff Pro's favor and Staff Pro was awarded over $90,000 in costs. Pelton filed a notice of appeal. Pelton dismissed her appeal after paying Staff Pro an undisclosed amount.

Deliberation

one day

Poll

9-3 defense

Length

six days