Facts

On Nov. 20, 2008, plaintiff Omid Mehdavi, 27, a pet store employee, fell 15 feet from the roof of the Mowry East Shopping Center where he worked. He had been sent to the roof by Fremont Police Officer Christine Leopardi to investigate the point of entry of a burglary that occurred at the pet store. While on a canopy where skylights were located 12 feet above the sidewalk, Leopardi asked him to bring up another ladder so she could climb to a higher part of the roof. As plaintiff was pulling up the ladder, he walked backwards and fell through a skylight to the pavement.

Plaintiff sued the City of Fremont and the owners of the shopping center.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that Leopardi told him to get a ladder and go up onto the roof. When Leopardi arrived on the canopy, she couldn't climb the six-foot wall to the higher roof without getting her uniform dirty or torn so she told plaintiff to get another ladder for her. Although Leopardi watched plaintiff bring up the ladder while walking backwards towards the skylights, Leopardi never warned him that he was backing toward a skylight.

Plaintiff claimed that Leopardi failed to exercise ordinary care when she directed plaintiff to inspect the roof for her and when she told him to bring a ladder up on the canopy.

Plaintiff alleged that Leopardi established a "special relationship" with plaintiff when Leopardi made him an active participant in her investigation and was responsible for the foreseeable risk of harm to him. Although the Fremont Fire Department was located only minutes away and assisted the police in past roof top investigations, Leopardi never considered calling for their professional assistance.

Plaintiff contended that the property managers and owners were responsible for not installing adequate ventilation for the pet store and for failure to warn them that they were not permitted to go onto the roof to do the work. Further, screens should have protected the skylights if persons were not prevented from going onto the roof.

DEFENDANT'S CONTENTIONS:
The city argued that police officers routinely involve citizens in investigation of point of entry of burglaries and that plaintiff, a contractor, volunteered to go onto the roof. Plaintiff pulled up the large 12-foot ladder to the surprise of the officer and fell before Leopardi could help plaintiff.

The shopping center argued that store employees were not allowed onto the roof and should not have been on the roof.

Settlement Discussions

Plaintiff made a CCP 998 demand of $3,225,000. City of Fremont made a CCP 998 offer of $700,000. Biagini Properties and Mowry East offered $375,000.

Injuries

Plaintiff suffered a basilar skull fracture, traumatic brain injury with convulsive seizures, right clavicle fracture, and other injuries. He has permanent cognitive defects including difficulty with multi-tasking and memory and must take anti-seizure medication the rest of his life. He is unable to work as before the accident due the deficits and fatigue from the anti-seizure medication.

Result

The parties reached a settlement for $1,075,000. The owners of the shopping center contributed $375,000, while the City of Fremont paid $700,000.