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Personal Injury (Non-Vehicular)
Premises Liability
Ladder Accident

Richard Covarrubio v. Rreef West VI, a California Trust

Published: May 17, 1997 | Result Date: Apr. 28, 1997 | Filing Date: Jan. 1, 1900 |

Case number: YC022302 –  $750,000

Judge

Fumiko H. Wasserman

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Steven J. Kleifield
(ADR Services)


Defendant

Tina Allaguez


Experts

Plaintiff

Michael T. Schiffman
(medical)

Charles E. Turnbow
(technical)

Defendant

Mack A. Quan
(technical)

Hendrick L. Leesment
(medical)

Facts

On Jan. 13, 1994, plaintiff Richard Covarrubio, a 36-year-old appliance service representative for the Southern California Gas Company, was called to the South Bay Business Park to service a furnace on the roof. Access to the roof was via a wooden ladder fixed to the wall in a rental unit. The plaintiff climbed the ladder to the roof, having to force open a hatch to gain roof access. After working on the furnace, the plaintiff began descending the ladder and grabbed the top rung with his left hand. As he did so, the rung pulled out of the wooden side rail, causing the plaintiff to lose his balance and fall, hitting a water bottle on his way to the floor. The ladder was built by McClintock Construction Company, a contractor hired by the defendant building owner, Rreef West VI, in 1989. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $225,000. The defendant told the settlement judge that it would pay $50,000, but this offer was not communicated to the plaintiff.

Injuries

The plaintiff alleged that he suffered three fractured ribs, a collapsed lung and spondylolisthesis in the lumbar spine.

Other Information

The verdict was reached approximately two years and three months after the case was filed. A settlement conference was held on Aug. 26, 1996 before Judge Shidler, retired. It did not resolve the matter.

Deliberation

2+ hours

Poll

12-0

Length

10 days


#79541

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