Barger v. Bur-Wit Inc., et al.
Published: Apr. 19, 2001 | Result Date: Feb. 28, 2001 | Filing Date: Jan. 1, 1900 |Case number: EC028192 Verdict – $250,000
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Peter Alexakis
(medical)
Defendant
John F. Lawrence
(medical)
Facts
On Oct. 8, 1998, the plaintiff was performing graphic design work for Bill Falcon Productions at premises leased
by Martin Graphics from the defendants. The plaintiff and his co-worker stepped out into the shade by the
loading dock of a nearby building on the property for a cigarette break.
The co-worker had taken numerous breaks in that area prior to that day, and on the first occasion, had put his
hand on the railing before leaning on it and noticed that it appeared to be loose. He did not tell the plaintiff or
anyone else about this.
The plaintiff leaned against the railing which ran alongside the loading dock. Unknown to the plaintiff and
defendants, the rail was apparently unattached at one end and gave way when the plaintiff leaned on it. This
caused the plaintiff to fall into the loading dock, about a 4 feet drop.
The plaintiff managed to break his fall with his left hand. He hit his head, landed on left his side and the ring
and middle finger on his left hand.
Settlement Discussions
At the Glendale courtÆs CRASH settlement program, the plaintiff offered $40,000, the defendant offered $35,000.
Specials in Evidence
$4,299 $64,000 None
Damages
The plaintiff claimed loss of business opportunity to complete the editing on a six-picture deal with one picture completed, for approximately $64,000.
Injuries
The plaintiff suffered a slight concussion, 5 to 7 weeks recovery of soft tissue back injury, two sprained fingers on the left hand, and minor loss of extension and flexion in the middle finger of the left hand.
Other Information
The defendants have moved for a new trial and will pursue appeal as necessary.
Deliberation
4.5 hours
Poll
12-0 (liability and damages), 11-1 (comparative)
Length
four days
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