Facts

Plaintiff Jose M. Sandoval, 46, is an electrical parts/electrical breaker salesman employed by ROS Electrical Supply & Equipment LLC. Defendant Qualcomm Inc. was in the process of upgrading its electrical system from 1200 amperes to 2000 amperes to accommodate a new gas turbine electrical generator. Qualcomm hired Transpower Testing Inc. to assist in upgrading the system. Transpower Testing is owned and operated by Frank Sharghi, an electrical engineer. Transpower Testing and Sharghi asked plaintiff to assist them in selecting the correct electrical equipment and components to accomplish the electrical systems upgrade. In order to accommodate the new gas turbine generator, the electrical breaker system, which was operating at 1200 amperes, had to be physically inspected to determine if the breakers could accommodate 2000 amperes or if the bus bars within the breakers had to be upgraded to 2000 amperes.

On Aug. 3, 2013, plaintiff went to the Qualcomm campus to perform the inspection. When he approached the exposed energized breaker, an arc flash occurred, and plaintiff was set on fire. Plaintiff filed suit against his employer ROS Electrical, and its owner John Jauregui, Qualcomm, Transpower Testing, and Frank Sharghi.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the inspection was scheduled for Saturday, Aug. 3, 2013, and that he was told that the breaker system would be de-energized and safe to inspect. Unknown to Transpower and plaintiff, Brian Higuera, a Qualcomm supervisor, advised Qualcomm that they should not proceed with the Saturday morning inspection. Higuera testified that he would be unable to be present during the inspection to ensure that only the scope of work was performed and performed in a safe manner. Higuera's request to postpone was overruled by Kirk Redding, the senior facilities manager. Redding stated that he would be there that Saturday morning to take Higuera's place. When Saturday morning came, Redding did not attend the inspection. The inspection went forward in his absence.

The breaker system to be inspected (switchgear) has two energy input sources. One source of electricity comes from San Diego Gas and Electric. The other source of electricity comes from the generators located on the Qualcomm campus. Although the Qualcomm breaker side was de-energized, the utility side of the breaker system was still energized. Qualcomm admitted that it retained control over the breaker system concerning what portions remained energized and what portions were de-energized at the time of the inspection. Qualcomm also admitted that it had a duty to advise all persons working on or near the switchgear that morning what parts of the switchgear remained energized during the inspection.

After Qualcomm personnel performed a lock out tag out (turning off and de-energizing the breaker system) Qualcomm's personnel left the room. No one told plaintiff that certain breakers within the switchgear system remained energized after the lock out tag out procedure. Unknown to Qualcomm and plaintiff, Sharghi ordered his employee to remove the protective panel off an energized breaker. Sharghi testified that he ordered this so that he could take pictures of the interior of the energized breaker for a job unrelated to the inspection at hand. Plaintiff approached the exposed energized breaker, believing it had been de-energized, he leaned in to inspect when an arc flash occurred. Plaintiff was set on fire.

Plaintiff claimed ROS failed to provide workers' compensation insurance for the accident.

DEFENDANTS' CONTENTIONS:
Qualcomm claimed if they had been advised that it was the opinion of the supervisor that it was unsafe, the inspection would not have gone forward and the supervisor expressed no such opinion. Qualcomm claimed that Transpower, Sharghi and plaintiff were negligent and the cause of the incident and that Qualcomm bore no responsibility. Defendants contended that at the end of the lock out tag out procedure, it delegated all safety responsibilities to Transpower and Sharghi. Defendants claimed that plaintiff had a duty to determine independently what was hot and what was not prior to approaching the energized switchgear.

Damages

The stipulated amount of medical specials was $1,094,003. There was no loss of income claim.

Injuries

Plaintiff claimed he suffered burns to 35 percent of his total body surface area and was hospitalized for 38 days.

Result

The jury awarded $1,094,003 in past and future economic losses and $6 million past and future non-economic losses. The jury found Qualcomm 46 percent negligent, Transpower and Sharghi 45 percent negligent, and plaintiff 9 percent negligent. Transpower and Sharghi settled for $999,999.99 and an assignment of all rights against defendants' insurance carrier, Nautilus Insurance Company. Plaintiff did not wish to pursue a personal claim against defendants Transpower and Sharghi.

Other Information

The court denied Qualcomm's motion for summary judgment and motion for directed verdict concerning Privette, and retained control issues. Defendant's motion for directed verdict was also denied. Post-trial motions for judgement notwithstanding the verdict and for new trial have been filed by Qualcomm and are pending. FILING DATE: April 24, 2014.