Scardina v. Bill Robertson & Sons Inc. dba Honda of Hollywood, 310 Motoring Inc.
Published: May 18, 2004 | Result Date: Feb. 24, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC280917 Verdict – $1,875,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
David Hoffman
(David Hoffman APC)
Defendant
Experts
Plaintiff
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Theodore Vavoulis
(technical)
S. Andrew Schwartz M.D.
(medical)
Defendant
Cory Gray
(technical)
Anthony Alter
(medical)
Richard H. Anderson
(technical)
Peter Formuzis Ph.D.
(technical)
Facts
On May 14, 2002, the plaintiff, age 32, was seriously injured when he was attempting to assist off-load two BMW R1200 CA motorcycles from a flatbed truck. The plaintiff was a propman on a television commercial. The production company which employed him, HKM Productions, required two BMW motorcycles and rented them from Honda of Hollywood. It also hired 310 Motoring to transport the motorcycles from Honda of Hollywood to Stevenson's Ranch in Ventura, where the incident occurred. On the morning of the shoot, the 310 Motoring representative was two hours late and when he arrived alone, he asked for the assistance of another person to help off-load the motorcycles that were positioned in tandem on the 22 foot flatbed truck. Each motorcycle weighed about 700 pounds and each covered about 7 feet. The plaintiff had substantial experience riding motorcycles and he was asked by the art director to assist the 310 Motoring representative. When the plaintiff approached, the truck's bed was already raked and he was gestured to get on the rearward motorcycle and assist removing the two straps which secured it, alternating between the foot and handbrake of the motorcycle while this was done at a pitch of about 35-degrees. The first black BMW as off-loaded without incident and parked by the plaintiff forward of the truck. When he went to get on the flatbed to approach the red BMW motorcycle, he saw an oil patch near the rear end of the flatbed which he cleaned with a rag given to him by the 310 Motoring representative. The plaintiff did not notice the leaked fork oil from the black BMW motorcycle at that time, because the morning was misty and overcast. It did not glisten. The plaintiff then got on the second motorcycle and the two unlashed its two straps like the first. However, when the motorcycle was ready to move backward, the plaintiff did not notice that its front tire had been parked in old motor oil and that behind the rear tire fork was fork oil that had leaked from the front of the black BMW motorcycle. As the plaintiff rolled back in the same manner as the first motorcycle, he suddenly lost control and the motorcycle fell on him before he could get away from the motorcycle. The plaintiff explained at trial that although he had ridden motorcycles for years, motocross and street, this was unique because he had no warning and no time to react. The plaintiff was transported by RA to a local hospital. Four days prior to the incident, the plaintiff had become a certified firefighter and it was his ambition to join the Los Angeles Fire Department. There was no dispute that the plaintiff could not return to firefighting or employment as a propman after the incident. There was also no dispute he was not permanent and stationary at the time of the trial.
Settlement Discussions
The plaintiff demanded $1 million from each defendant by C.C.P. Section 998. There was a coverage dispute for 310 Motoring which therefore made no offers of settlement. Honda of Hollywood offered $125,000. A mediation was conducted but there was no solution.
Specials in Evidence
$99,000 and temporary total disability (compensation lien) $980,000 $980,000
Injuries
Fractured right tibial spine, avulsed right anterior cruciate ligament, torn meniscus, arthroscopic surgical repair of ACL, but with residual loss of 10 degrees extension of the right knee. Meniscal surgery was proposed but not set. Tendonitis of left knee and great toe, lower back pain from altered and dependent gait.
Other Information
Honda's motion for new trial was denied. Honda's motion for directed verdict after trial was denied.
Deliberation
2.5 days
Poll
12-0 (liability against Honda and 310 Motoring), 12-0 (Scardina was negligent), 12-0 (Townsend was an agent of 310 Motoring at the time)
Length
25 days
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