Facts

This case arises from an accident that occurred on Jan. 30, 2018, at a tow yard in Watts, Southeast Los Angeles. AT&T was the owner of a cell tower on the tow yard property. Vinculums was the company that was using a boom lift to service the cell tower. At the end of each workday, and at the end of the job, the work crew would remove the keys from the ignition and place them in the concealed engine compartment on top of the fuel tank. This was despite being instructed by the Vinculums job foreman to the crew to take the keys home with them at night. Also, during the 3-week project, there were signs of tire tracks that should have placed the crew on notice that someone was using the boom lift at night without authority.

On the evening of the accident, the sons of the tow yard owner, plaintiff's decedent, age 22, and his brother, age 15, took the boom lift to trim an overgrown tree on the property. In the dark, the decedent's brother was leaning out pulling the tree branches back with one hand while holding his cellphone flash to illuminate the control panel with the other. The decedent had one hand on the joystick while hacking away at the tree limbs with a machete with the other.

Decedent was not aware that the overhead, energized power lines were in close proximity to the top of the tree. He elevates the boom into the 34,000-volt power lines and is electrocuted. His body caught on fire and his brother attempted to put out the flames emanating from his head. The brother then jumped 30 feet off the boom onto the adjacent roof to save himself, fracturing both legs in the process.

The entire incident, including multiple explosions as the boom continues to bounce up into the power lines, was captured by a nearby security camera and shown to the jury.

Plaintiffs' experts testified that the insured was in violation of its own IIPP safety manual and in violation of Cal OSHA and ANSI regulations.

PLAINTIFF'S CONTENTIONS: Plaintiffs proceeded against AT&T and Vinculums on negligence and peculiar risk theories of liability. Plaintiffs proceeded against JLG Industries on a products liability theory.

DEFENDANT'S CONTENTIONS: Defense claimed that the construction crew was not negligent and that plaintiffs' decedent had illegally and unlawfully taken the boom lift and used it negligently without sufficient training thereby assuming the risk.

The defense was that plaintiffs had no right or permission to use the boom lift and essentially stole it. They were unqualified and untrained to operate a 26,000-pound piece of sophisticated machinery. Additionally, the defense called a mechanical engineer who examined the ignition switch and found it was damaged which suggested that the decedent may have used a screwdriver, instead of the key, to jimmy the ignition to start the lift that evening.

The co-defendant boom lift manufacturer contended that the governing industry and OSHA standards do not call for the installation of proximity warning devices on boom lifts. They also contended that such technology is inherently unreliable, per product testing.

Insurer

Primary coverage - Travelers $1 million primary, $10 million 1st layer excess. RSUI/Landmark American $5 million 2nd layer excess.

Injuries

Wrongful death of 22 year old son. Significant leg orthopedic injuries to 15 year old brother. Wrongful death loss of care, comfort and society to decedent's parents. Stipulation that decedent would have survived for an undetermined short period of time after the electrocution.

Result

Defense verdict

Deliberation

three hours

Poll

10 - 2

Length

four weeks