Donald Bourgeau v. Petersen Builders Inc., Wright Contracting
Published: Nov. 11, 2003 | Result Date: Jul. 1, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCV220046 Verdict – $1,000,000
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Larry Magnussen
(medical)
Kenneth I. Light
(medical)
Thomas P. Yankowski M.S., C.V.E.
(technical)
Thomas E. Anderson
(technical)
John M. Grollmus
(medical)
Defendant
DeWitt B. Gifford
(medical)
Edelweiss Geary
(technical)
Mark D. Cohen
(technical)
Facts
In September 1997, plaintiff Donald Bourgeau, a sheetmetal worker, was installing gutters on a multi-use building under construction in Windsor. As he was accessing a ladder setup by defendant Petersen Builders Inc., scrap plywood that was stacked on a Gradall machine fell on his head. The machine was being used as a work platform by defendant's carpenters who were completing the sheeting of the roof.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $500,000. The defendant's offer was $100,000, with an indication that it would increase its offer to approximately $300,000 if it would settle the case.
Injuries
The plaintiff suffered head laceration that required stitches. He was also diagnosed with a possible mild concussion and cervical strain. He was off work for several weeks. He continued to receive treatment for several months, although he returned to work. He later developed chronic neck complaints. In March 2001, he underwent a cervical spine fusion at C5-6 which was unsuccessful. The plaintiff's condition was found to be permanent and stationary. His restrictions on overhead lifting and movement make him unable to continue working as a sheetmetal worker. The plaintiff has not worked since the surgery.
Result
The jury returned with a gross verdict of $1 million for plaintiff. The award was reduced to $450,000 after the jury found defendant 45 percent negligent and plaintiff 55 percent comparatively negligent. Defense counsel reported that the jury found plaintiff's injuries and damages were caused by the accident, but that he was the primary cause of the accident. Because Wright Contracting had been dismissed by summary judgment prior to trial, the court did not allow the jury to consider whether there had been any comparative negligence on any other parties. Defendant Petersen Builders also received a reduction in the judgment amount for approximately $113,000 in worker's compensation benefits received by the plaintiff pursuant to Insurance Code section 1063.1.
Deliberation
one day
Poll
11-1 (liability), 10-2 (plaintiff's comparative fault)
Length
seven days
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