Facts

Quante Adger, a student enrolled at Loyola Marymount University (LMU), in Los Angeles, was waiting in an auditorium for a presentation panel to begin. LA36, a local television station, installed a FloLight--a portable photography/video light that weighs less than one pound--in the university's auditorium for the presentation. While Adger was seated in the auditorium, the light fell and ultimately landed on the seat next to Adger. Subsequently, Adger sued LMU. LMU brought a third-party claim against Los Angeles Cable Television Access Corp. (LACTA), the operator of LA36, and LACTA was ultimately added as a direct defendant in Adger's action.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the portable light struck the bill of his baseball cap and his right arm, injuring him. Plaintiff contended that defendant LMU was responsible for the premises and that it failed to keep plaintiff safe. Plaintiff argued that defendant LACTA improperly installed the portable light, causing it to fall on plaintiff.

DEFENDANTS' CONTENTIONS: Defendants denied liability, claiming that they were not negligent. Defendants claimed that plaintiff was not struck by the portable light. Defendant LMU contended that defendant LACTA was negligent in the installation of the light, creating a dangerous condition. Defendant LMU noted that plaintiff and other students were asked if they were okay after the light fell and that everyone, including plaintiff, said they were fine, which was confirmed by three witnesses. Defendants contended that, although plaintiff claimed that he sustained second-degree burns to his arm, which should have manifested in minutes after the accident, plaintiff did not claim the injury until three weeks after the subject accident. Defendants contended that plaintiff sat through the entire presentation and acted normally, as seen in a video of the presentation, which included plaintiff in a shot filmed from the back. Defendants also noted that plaintiff claimed that he was knocked unconscious by the portable light, but the video showed that plaintiff was not dazed and remained seated in his seat. Defendants' expert orthopedic surgeon opined that plaintiff's cervical injuries were not traumatically induced and were, at most, a cervical sprain, which would not have resolved without any treatment. Defendants thus argued that plaintiff's neck would have resolved in eight weeks had plaintiff undergone physical therapy.

Damages

Plaintiff asked the court to award over $5 million in economic and non-economic damages.

Injuries

Plaintiff claimed that he sustained bulging cervical discs, resulting in radicular pain in his back and right shoulder. Plaintiff claimed that he sustained a burn to his right arm and a traumatic brain injury as a result of the falling light. The afternoon following the incident, plaintiff went to the university's student clinic, where he complained of bruises to his right arm, but denied any neck or head injury. Plaintiff underwent an x-ray, and it was negative for fractures. It was recommended that plaintiff take Advil and rest. One week later, plaintiff returned to the student clinic for a follow up, where he complained of neck and shoulder problems. Three weeks later, plaintiff complained of a burn injury to his right arm as a result of the incident. Plaintiff also saw an orthopedic surgeon and underwent a CT scan five months later, which plaintiff claimed showed bulging cervical discs. Thereafter, plaintiff received pain therapy. Plaintiff also claimed that he suffered from a TBI. Plaintiff further claimed that he would require future pain management treatment for his neck and that his scar would require scar revision surgery.

Result

The court found that defendant LMU was not negligent, but that defendant LACTA was negligent. The court determined that plaintiff's damages totaled $22,834 and that defendant LACTA was liable for the full amount.