Facts

On Dec. 14, 2003, during the disassembly of a set of a Christmas play put on by defendant Pure Rock Christian Fellowship at the Beaumont Civic Center, defendant Randy Reterstorf caused a 10" crescent wrench to fall approximately 8 feet from scaffolding, striking plaintiff on the head. Plaintiff Don Laborde sued defendants alleging negligence and premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he sustained traumatic brain injury as a result of being struck in the head by the falling wrench. Plaintiff further alleged that Pure Rock Christian Fellowship was negligent in the supervision of the set disassembly and allowed a dangerous condition on the property.

DEFENDANTS' CONTENTIONS:
Defendants contended that Pure Rock Christian Fellowship and Marc Stamper met the standard of care for the use of scaffolding by a church, that there was no dangerous condition on the property, that there was no negligent supervision, and that the parties were engaged in a joint venture that precluded a finding of negligence against the other members of the joint venture.

Settlement Discussions

Plaintiff demanded $1,000,000 policy limits from Pure Rock Christian Fellowship. Pure Rock Christian Fellowship and Marc Stamper offered $100,000. Randy Reterstorf settled for $100,000 policy limits during trial.

Specials in Evidence

$65,000; $2.7 million.

Injuries

Plaintiff claimed to have suffered traumatic brain injury preventing him from pursuing his career as an artist and requiring lifetime supervised care. He claimed memory loss, loss of coordination, light sensitivity, and bouts of confusion. His value of lifetime treatment was $2,700,000.

Result

Defense verdict for Pure Rock Christian Fellowship and Marc Stamper.

Deliberation

one hour

Poll

11-1 (liability)

Length

nine days