Facts

Plaintiffs Craig Lumpkin and Ronnie Miller, both 51, were employed by Young Electric Sign Co. On Sept. 12, 2012, at 3:30 a.m., plaintiffs were working in a bucket attached to an elevated crane that extended over the exit lane of Pauma Reservation Road at Casino Pauma located in San Diego County. A tour bus that was exiting the casino property and being driven by Dai Huynh struck the bottom of the crane's boom violently shaking the bucket in which plaintiffs were working.

Plaintiffs sued Huynh, his employer Polar Express Tours LLC, and the contractor on the project, I-5 Design & Manufacture Inc. dba I-5 Electrical Signs, for negligence. Plaintiffs settled with I-5 Design prior to trial. Plaintiffs Julian Miller and Kimberly Lumpkin dismissed their complaint before trial.

PLAINTIFFS' CONTENTIONS:
Plaintiffs sustained injuries to their backs and arms. Plaintiffs contended that Huynh negligently operated the bus and that Polar Express was vicariously liable.

DEFENDANT'S CONTENTIONS:
Huynh contended that there were no lights illuminating the bucket, there was inadequate traffic control in place at the time of the collision, and that plaintiffs were comparatively at fault and assumed the risk.

Settlement Discussions

Plaintiffs each made a CCP Section 998 demand for $100,000 and defendants made a CCP Section 998 offer of $30,000 to each plaintiff.

Damages

Lumpkin claimed past medical expenses of $31,500, $36,100 in past loss of earnings, $25,000 in future medical care, $250,000 in general damages for past pain and suffering and $100,000 in general damages for future pain and suffering. Miller claimed $18,720 in past medical costs, $24,000 in past lost earnings, between $60,000 to $80,000 in future medical costs, $12,850 in future lost earnings, $250,000 in past general damages for pain and suffering, and $100,000 in general damages for future pain and suffering.

Injuries

Lumpkin suffered an acute ulna fracture in his right dominant forearm. He also injured his back, as a lumbar MRI revealed a 3-millimeter lumbar bulging disc. Lumpkin ultimately required open reduction and internal fixation on Sept. 18, 2012. He then underwent a second surgery on March 19, 2013, as the first did not heal properly due to nonunion. Lumpkin claimed future surgery to remove hardware from right arm. He also claimed low back pain requiring epidural injections in the future. Miller sustained a closed fracture of the carpal tunnel bone in his right wrist and allegedly injured his lower back. A lumbar MRI revealed 3-millimteter intervertebral disc bulges at L3-4, L4-5 and L5-S1 levels. Miller claimed that he required a lumbar laminectomy and discectomy.

Result

The jury returned a defense verdict, finding that Huynh was not negligent.

Other Information

FILING DATE: Sept. 11, 2014.