Facts

Plaintiff Rafael Marquez, a day laborer, attempted to take out a 40-foot copper pipe from the side of an apartment building. As a result, he received an electric shock. He sued defendant 1305 Ingraham LLC (Ingraham), which owned the building, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Marquez claimed that the pipe became too heavy for him to hold and then dropped onto power lines, which sent an electric current through the pipe and into his body. He asserted that Ingraham owed a higher duty to him because he worked as a day laborer and that duty was breached when Ingraham maintained an unreasonably dangerous condition. Further, Marquez claimed that he was a property entrant in the scope of his employment because he was hired to remove solar panels from the roof and removed the pipe as a result.

DEFENDANT'S CONTENTIONS:
Ingraham argued that Marquez was a trespasser who intended to steal the pipe.

Damages

Marquez sought medical expenses amounting to $347,000, future medical expenses amounting to $107,000, and lost earnings amounting to $30,000. He also requested damages for past non-economic loss, which was $500,000 for pain and suffering, and future economic loss, which was $500,000 for physical pain and suffering.

Injuries

Marquez suffered burns, electric shock, leg injury, leg scarring and/or disfigurement, skin grafts, and swelling.

Result

The jury found that Marquez suffered $1,484,000 in damages, but reduced his recovery to $742,000 due to Marquez's own negligence. The case eventually settled, however, for $307,500.

Deliberation

six hours

Length

four days