Facts

Edward Adams was working as a security guard on a film shoot at the Fox Hills Mall in Culver City. He was stationed in his car in the parking lot and was responsible for making sure those not involved with the production did not park in the lot.

At 2 a.m., a truck arrived carrying steel framing beams for a renovation project at the mall. The truck's trailer was loaded with the steel studs, weighing 3 tons each. Adams tried to tell the truck driver that he could not park in the lot, but the driver did not speak English. The driver began to unfasten the chains used to secure the beams to the transport when another guard who spoke Spanish arrived and spoke with him. He got back into his truck to move the truck, but three of the beams that had been unfastened shifted and crushed the hood of Adams' parked vehicle while he sat in the driver's seat. Adams sued the owner of the truck, Eduardo Rafael Magdaleno. The truck driver was not sued, as the parties stipulated that he was within the scope of his employment at the time of the incident.

PLAINTIFF'S CONTENTIONS:
Adams claimed that he was in his car when the beams fell, causing him injuries.

DEFENDANT'S CONTENTIONS:
The truck driver testified that he saw Adams standing outside of his car at the time of the accident. Adams argued that the truck driver had simply misidentified him, and actually seen another mall security guard.

Damages

The cost of plaintiff's shoulder surgery and medical treatment totaled over $60,000. Adams requested $40,000 for past lost earnings and $70,000 for pain and suffering. The Court granted defendant's motion for nonsuit, based on evidentiary grounds, which barred plaintiff from recovering medical specials.

Injuries

Adams underwent physical therapy and an arthroscopic surgery to repair his shoulder. He also was diagnosed with soft tissue injuries to his neck and back.

Result

The jury ruled for the defense, finding that the driver was negligent but his negligence had not caused Adams' injuries.