Dwayne Williams v. Dinwiddie Construction Company, Brunton Enterprises Inc.
Published: Apr. 1, 2000 | Result Date: Feb. 18, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC046185 Verdict – $1,470,790
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eric Johnson
(medical)
Raymond G. Schultz
(technical)
Defendant
Sandra Schneider
(technical)
Eugene P. Harris
(medical)
Daniel P. Montrenes
(technical)
Facts
Plaintiff Dwayne Williams was a 22-year-old security guard employed by Getty Security on Feb. 11, 1997. He was stationed at the south entrance of the Getty Museum in Brentwood and had the responsibility to close the gates before 7 p.m.
On the day of the accident, Brunton Enterprises, a gate fabricator, and Dinwiddle Construction, the general contractor, installed a new rolling iron gate.
The plaintiff pulled out one of the 1,350 -pound gate leaves, which suddenly fell on him and trapped him. There were no end stops on the gate, nor were there any warnings. The defendant intended that the electric motor that was not yet installed would serve as an end stop to prevent the gate from coming out of the guide rails.
The defendant admitted liability at the commencement of the trial.
Settlement Discussions
The plaintiff demanded $1 million, including a $100,000 workersÆ compensation lien. The defendant offered $515,000, including the $100,000 workersÆ compensation lien.
Specials in Evidence
$86,000 $32,000 $450,000 to $750,000 $66,000
Injuries
The plaintiff sustained a comminuted fracture to his right humerous and elbow joint, which required major reconstructive surgery. Several weeks after the surgery, plaintiff developed heterotopic ossification which caused a bony bridge to form around the elbow joint. PlaintiffÆs arm was locked at a 90 degree angle for one year, until a second surgery was performed to remove the excess bone. Plaintiff was off work for one year and four months. He then returned to Getty Security, making more money than the $25,000 per year he was earning at the time of the accident. Both plaintiff and defendantÆs physicians agreed that plaintiffÆs right elbow joint was likely to become arthritic in the future and require arthroscopic surgery. PlaintiffÆs present disability was the loss of 10 degrees of extension and 10 degrees of flexion of the right elbow.
Deliberation
two days
Poll
9-3
Length
eight days
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