Facts

On, Nov. 2, 2004, plaintiff Antonio Santamaria, a 39-year-old licensed landscaping contractor, was finishing a residential landscaping job in the backyard of a home in Concord. When Mr. Santamaria arrived at the job site at about 1 p.m., he parked his truck in the driveway of the home.

Mr. Santamaria wheeled the sod into the backyard and began to work. Fifteen minutes later two delivery men showed up and asked Mr. Santamaria to move his truck so they could park in the driveway to make a delivery. Mr. Santamaria moved his truck and returned to his work in the backyard. The new workers had a conveyor belt on their truck to deliver rolls of felt roofing paper and four by eight sheets of plywood to the roof. Mr. Santamaria did not see the conveyor until after the accident.

As Mr. Santamaria, was sharpening his knife, on a grinder he had plugged into an outlet outside, near the side door of the garage, the incident occurred.

Prior to incident, Carlos Aranda, representative of ABC, was carrying a roll of roofing paper while walking on the roof at the subject premises. The roof at that time was covered with exposed wooden slats. Mr. Aranda's foot became stuck in one of the slats, causing him to stumble and drop the roll of roofing paper.

Suddenly, and without warning, the roll of roofing fell from the roof and struck Mr. Santamaria in the upper left shoulder/back area.

As a result of the accident, plaintiff underwent a two-level disectomy and fusion in the cervical spine area. On the date of the accident, the neurosurgeon, Jason Smith, M.D., also diagnosed Mr. Santamaria with Cauda Equina Syndrome which caused weakness in his legs.

Defendant ABC Supply Co., Inc. (ABC) was a roofing materials supplier and was hired by the homeowner to supply and deliver roofing materials to the premises. Defendant Allied Contractors (Allied) was a roofing contractor and was hired by the homeowner to tear off the old roof and install a new roof.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that (1) the defendants negligently allowed a roll of roofing felt to fall onto his upper back and neck area causing his injuries, (2) the defendants' failed to issue any type of warning to him of ongoing roofing work, and (3) the roof was not safe for the delivery and carrying of roofing materials at the time of the accident. The ABC delivery man was not able to maintain secure footing and stumbled and dropped the roll of roofing material which caused Mr. Santamaria's injuries. The ABC representative should have recognized the dangerous condition on the roof and should have refused to make the delivery of materials while the roof was in that condition.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff Antonio Santamaria was comparatively negligent by performing the landscaping work after being warned by roofing personnel not to do so.

Specials in Evidence

Mr. Santamaria was a licensed landscaping contractor and had been so for three years. Antonio's Garden Maintenance had contracts for future business and was a growing landscape and maintenance company. Due to his physical injuries, Mr. Santamaria was unable to operate his business effectively and closed his business. He contended that his business was capable of earning $40,000 per year for the next 20 years. According to defendant, plaintiff claimed to earn $132,000 a year from 1998-2004.

Injuries

Mr. Santamaria had a two level disectomy and fusion with insertion of titanium cages into his lower back. He developed a blockage of his urinary tract which required surgical repair. According to defendant, the medical specials were in excess of $252,646, and plaintiff claimed future meds of $25,000 to $30,000.

Result

Settlement after two days of mediation before William Strickland (Strickland Mediation Services, Oakland). $470,000. $20,000 by Allied and $450,000 by ABC. Trial had been set for April 13, 2007.