Facts

In the early morning of Dec. 22, 2004, plaintiff Nolberto Sanchez, a 26-year-old concrete pumper, was setting up at a construction site for a restaurant in Bakersfield. Defendant Terry Bedford Concrete Construction Inc. was the contractor and plaintiff's employer, Brundage Bone Concrete Pumping Inc., was the subcontractor. Plaintiff had raised his truck's boom into a set of low-hanging high-voltage wires that sent a shock through his left hand and his two big toes. He was electrocuted by the shock of 232,000 volts.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant, claiming premises liability and contending that it was negligent in telling workers it was safe to set up the pump truck where they did. He alleged defendant's employees told him and his co-workers that it was safe to set up the truck under the high-voltage wires. He argued that he and his employer could not be held liable for the accident because it was too dark and foggy for them to see how low the wires hung until the boom was lifted into them. The plaintiff argued that defendant should have warned Brundage Bone's workers of the danger the wires posed and plaintiff relied on Bedford's employee's representations that it was safe.

DEFENDANT'S CONTENTIONS:
The defendant denied any discussion took place about where the pump truck should be set up. It argued that plaintiff and his employer were more at fault for the accident because they were responsible for setting up the truck. It also questioned the soundness of Brundage Bone's decision in selecting plaintiff to set up the truck because he had only finished training three months earlier. Thus, defendant asserted Brundage Bone had negligently selected and supervised plaintiff.

Settlement Discussions

The plaintiff's demand was $1 million; defendant's offer was $65,000.

Damages

The plaintiff claimed he was permanently disabled from working. He sought $170,000 in past medical costs, $1.7 million in future medical damages, $130,000 in past lost earnings, $1.4 million for future lost earnings and an unspecified amounts for past and future pain and suffering. The defense argued that $77,000 was the more appropriate amount for past medical costs and $261,000 for future medical damages. It argued plaintiff was cleared to return to work two years after the accident. Thus, he was entitled to only $79,000 in past lost earnings and $77,000 in future lost earning capacity.

Injuries

The plaintiff was taken to the hospital via ambulance for burns for which he claimed he will need skin grafts. He claimed the electrocution caused permanent weakness in his left hand, a permanent limp, erectile dysfunction and neurological damage throughout his body. He also claimed he suffered severe and permanent PTSD which caused him to become suicidal. The defendant disputed plaintiff's injuries. It argued that plaintiff only suffered from a weakened left hand, scars and psychological trauma. It argued he was overtreated and that his proposed future medical treatment was excessive.

Result

The jury found plaintiff was 50 percent at fault, Brundage Bone 20 percent and defendant 30 percent. Plaintiff's total damages were found to be $552,094: $47,952 past medical costs; $122,922 future medical costs; $79,000 past lost earnings; $77,220 future lost earnings; and $225,000 in pain and suffering. Based on the percentage of fault, defendant was to pay $231,047.

Deliberation

7.5 hours

Poll

9-3 (liability against defendant), 12-0 (liability against plaintiff), 11-1 (damages)

Length

15 days