Facts

Plaintiff David Brown, a 49-year-old concrete pump operator, was struck across his legs by the steel bucket of a backhoe tractor while resting on a dirt pile at a construction site. Plaintiff was thereafter pulled through the dirt pile before being discovered.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the following: 1) Negligence per se for a CAL-OSHA Citation - Violation of Warning Requirements for safe operation of a backhoe, i.e., failure of the operator to know the presence of workers on foot in area of operation (admissibility is in dispute); 2) Negligent failure to delineate the work area (dirt pile) with yellow caution tape; 3) Negligent failure to utilize a spotter or flagger to insure the safety of the work area.

DEFENDANTS' CONTENTIONS:
Defendants assert the following: 1) Plaintiff was contributorily negligent for laying down, resting or sleeping on a dirt pile in the construction area where the backhoe was operating and was solely responsible for his injuries; 2) Defendants, at all times, operated the backhoe according to industry safety standards.

Settlement Discussions

Plaintiffs opening demand was $6,800,000. Late in the mediation, there was a $1,750,000 demand and a $1,250,000 offer.

Specials in Evidence

Plaintiff claimed $1,681,864. Plaintiff claimed $155,466.

Damages

Plaintiff contended he was permanently disabled and could not return to work as a result of his injuries. Defendants contested this issue. Pursuant to worker's compensation, the damages amounted to $122,466, negotiated to $50,000. There was evidence of employer negligence.

Injuries

Plaintiff suffered bilateral femur fractures and cervical facet fractures at C-6 and C-7, but no paralysis. He underwent subsequent surgeries for placement of intramedullary rods in his legs and cervical discectomy and plating.

Result

The parties reached a $1,450,000 settlement.

Other Information

This case was mediated by Troy Roe.