Seth Filgo v. Lusardi Construction Co., et al.
Published: Jul. 15, 2000 | Result Date: May 2, 2000 | Filing Date: Jan. 1, 1900 |Case number: 730162 Verdict – $1,285,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Steven R. Denton
(Judicate West )
Defendant
Charles L. Harris
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Roberta J. Spoon
(technical)
Roger A. Thrush Ph.D.
(technical)
Richard Alan Brown
(medical)
J. Robert Harrell
(technical)
Defendant
Robert B. Hall Ph.D.
(technical)
William E. Bowman Jr.
(medical)
Patrick F. Kennedy
(technical)
Jon B. McDowell
(technical)
Facts
On May 28, 1998, plaintiff Seth Filgo, a 23-year-old ironworker, was injured at a construction project of Lusardi
Construction Company, when a structural steel beam he was working on fell, causing him to fall. The plaintiff
was working at a 40-foot height and when he fell, he was impaled through his groin area on vertical
reinforcing steel rods protruding from a 10-foot high concrete block wall below his work area.
As a result of his fall and impalement, plaintiff suffered injuries and damages.
Settlement Discussions
The plaintiff demanded $750,000. The defendant made a pre-trial C.C.P. Section 998 demand of $25,000, increased to $100,000 during trial.
Specials in Evidence
$84,836 $53,415 $449,610 (per plaintiff's economist); $221,000 (per defendant's economist)
Injuries
The plaintiff suffered impalement injuries to his left and right hip and groin with some acetabular fracture. He suffered an aggravation injury to his right ankle that accelerated an already existing degenerative process. The plaintiff suffered some degree of injury to his low back but no MRI confirmation of any disc injury was obtained. The plaintiff had two surgeries for the impalement, and thereafter, two follow-up surgeries.
Other Information
<E>The plaintiffÆs treating medical doctor testified that the plaintiffÆs conditions would deteriorate over time. DefendantÆs medical examiner testified that no deterioration in the future would occur and no future vocational change would be necessary.</E>
Deliberation
two hours
Poll
12-0 (liability), 12-0 (comparative negligence of plaintiff), 12-0 (comparative negligence of plaintiff's employer) 12-0 (damages), 10-2 (allocation of negligence)
Length
5.5 days
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