Facts

On Aug. 27, 2006, plaintiff Brian Ysusi was ejected from his all-terrain vehicle after it went into an unmarked, 4-foot deep trench located in the middle of a dirt road he was driving on at a Dinuba Municipal Golf Course construction site. Ysusi filed suit against the golf course developer, KemperSports; a contractor, Pena's Disposal Inc.; its subcontractor, Y-K Laser Land Leveling Inc.; and Y-K's subcontractor, Statewide Excavation. KemperSports was dismissed.

PLAINTIFF'S CONTENTIONS:
Ysusi claimed that the defendants had failed to maintain the premises in a reasonably safe condition, and had also created an unsafe condition by digging the trench across a dirt road without marking it. He further contended that the defendants failed to correct, or warn, of the dangerous condition, not providing visual warnings or blockades.

Ysusi also claimed that Pena's Disposal's contract with the city of Dinuba was illegal because it did not have the required contractor's license. Ysusi stated he was only going 28 mph, but was unable to stop because the trench was invisible.

Ysusi argued that he was lawfully entitled to use the site for recreational purposes since it was public property.

DEFENDANTS' CONTENTIONS:
The defendants claimed that Ysusi was trespassing, and negligently caused his own injuries by entering a dangerous construction site.

Damages

Ysusi returned to work as a correctional officer after approximately one year and five months following the accident. He stated, however, that he was concerned about his ability to perform cell extractions of violent prisoners, and that he feared further injury to his right arm as a result of the incident. Ysusi claimed $114,568 in past medical bills and $139,000 for lost wages.

Injuries

Ysusi suffered non-dominant left distal radius Smith's fracture, a fractured left distal ulna, a dislocated right elbow, minimally depressed fractures to his nasal bones, and a diaphragmatic rupture. He also claimed aggravation of a pre-existing Gunstock elbow deformity as a result of the incident. Ysusi underwent an open reduction-internal fixation surgery, as well as right elbow arthroscopy with loose body removal, external rhinoplasty, lateral ulnar collateral ligament reconstruction to his right elbow, and diaphragmatic hernia repair.

Result

The parties reached a settlement, whereby Statewide Excavation would pay $40,000, Y-K Laser would pay $60,000, and Pena's Disposal would pay $140,000.

Other Information

MEDIATOR: James Dilling.