Facts

On Oct. 22, 2003, plaintiff Richard Simon, a service technician/supervisor with Cosco Fire Protection, replaced a corroded sprinkler pipe in the mechanical room at the Santa Monica Swim Center on the campus of Santa Monica College. Shortly thereafter, he developed a partially collapsed lung and difficulty breathing.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the mechanical room constituted a dangerous condition of public property and that he was exposed to, and not warned about, dangerous mists or vapors from pool chemicals in the air in the room. He contended that as a result of the exposure he developed a partial pneumothorax (collapsed lung) and occupational asthma, which limit his activities and require him to utilize an inhaler and take special precautions while working and engaging in certain activities.

DEFENDANT'S CONTENTIONS:
The City contended that no pool chemicals were ever stored or used in the room, all air tests performed in the room were negative for harmful chemicals and no person had previously experienced any illness or symptoms while working in the room. The City also disputed that plaintiff's injuries and damages were caused by his work in the room.

Settlement Discussions

The plaintiff demanded $550,000. The defendant offered $10,000.

Specials in Evidence

$7,924 $34,000

Damages

Partial pneumothorax (collapsed lung) and occupational asthma. Plaintiff was off work for approximately seven months.

Result

The jury found that the room in which the plaintiff was working did not constitute a dangerous condition of public property.

Other Information

Just prior to the start of trial, plaintiff's wife Cindi Simon dismissed her loss of consortium claim, and the Santa Monica Community College District was dismissed as a defendant in the case. The plaintiff's experts testified that there was an acid mist or odor in the room that caused plaintiff's collapsed lung and occupational asthma. The defendant's experts testified that the air in the room was not dangerous and that plaintiff was not exposed to any harmful pool chemicals from any source.

Deliberation

one hour

Poll

12-0

Length

five days