Facts

Justin Glanzman worked for General Heating and Air Conditioning ("GHAC"), a HVAC contractor. GHAC was hired by defendant R.E. Fiege, a general contractor, to perform HVAC work at the premises owned and operated by defendant Parkview Village LLC. Glanzman was working at Parkview Village in Long Beach performing heating, ventilation and air conditioning work when he fell 20 feet off a ladder. He sued Parkview and Fiege for design defect and negligence. Owners of a Dippin Dots franchise, Rebecca and Robert Boyle, were brought in as cross-defendants by defendant Parkview Village.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the ladder was not in compliance with local building codes and was designed by a handyman employed by Parkview who designed it with a curve away from the building and back so that it would look aesthetically pleasing and not damage the roof. Plaintiff further contended that the designer was not a professional engineer and did not have adequate experience or training in ladder design, and did not have the "stationary 90 degree requirement" mandated by Occupational Safety and Health Administration (OSHA), as well as other OSHA violations.

DEFENDANTS' CONTENTIONS:
Cross-defendants Rebecca and Robert Boyle contended that they did not provide the ladder, nor offer any direction on how the work should be performed. The defendants argued that the condition of the ladder was open and obvious and that the risks claimed were readily apparent and Glanzman assumed the risk by choosing to use the ladder without objection.

Damages

Glanzman earned around $17 an hour prior to the incident. He now works at a veterinarian hospital earning minimum wage.

Injuries

Glanzman fell 20 feet straight on his heels and was taken to the emergency room by a co-worker. He suffered subtalar fractures on both his feet and underwent three surgeries. His feet were placed in a cast and he underwent more than two years of physical therapy where he progressed from being in a wheelchair to crawling, to eventually using a walker. Glanzman complained of suffering from daily pain. He continues to walk with a limp which he contends will be permanent. At least three future surgeries, including a possible fusion surgery on both feet, are contemplated, as well as early onset of arthritis as a result of the injuries. He can no longer climb or walk on uneven ground.

Result

The jury found Parkview 75 percent liable and Fiege 25 percent responsible. Neither the Boyles nor Glanzman were found liable for the incident. Glanzman was awarded $3,743,075 in damages, which consisted of $75,000 in past medical cost; $100,925 in future medical cost; $111,150 in past lost earnings; $1,872,000 in future lost wages; and $1,314,000 for future pain and suffering. Subsequently, the court granted a new trial and reduced the loss of earnings to a little over $700,000 and reduced the judgment by over $1,000,000.

Deliberation

half day

Poll

12-0 (damages), 12-0 (liability); 10-2 (allocation of fault between the defendants, 10 jurors thought Parkview was 75 percent liable with R.E. Fiege 25 percent and 2 jurors thought Parkview was 70 percent liable with R.E. Fiege at 30 percent)

Length

nine days