Facts

Defendant Mark F. Barrett, M.D., owned a home in the City of Fresno. In January 2012, Barrett signed a contract with Platinum Coast Inc. to lease and manage his property. The property was then leased to a tenant and approximately three inspections of the premises were made by defendant Platinum Coast Inc.

In early October 2012, the tenant requested pest control services through Platinum for rats in their basement. Platinum then sent Good Cents Pest Control Inc., and plaintiff Scott Waldie to go into the basement and set traps. Plaintiff first went out in early October 2012 and then went out a second time on the date of incident on Oct. 12, 2012, at 8:40 a.m. Plaintiff was found on the hard floor of the basement semi-conscious and bleeding from the head.

This was an unwitnessed accident.

Multiple engineers inspected the premises on behalf of all parties.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the wooden ladder nailed to the base of the trap door, after a city permit for an addition to the building in approximately 1969, tore from its top left rung, where a nail had been inserted. This caused plaintiff to fall. Plaintiff also contended that the defendants knew that a worker would have to go down and up the wooden ladder secured to the trap door opening by only nails into the wood. A proper inspection would have disclosed this defective condition and, in fact, approximately three inspections had occurred on behalf of both defendants between Jan. 16, 2012, and Oct. 12, 2012. There is both actual and constructive notice of this defective condition.

DEFENDANT'S CONTENTIONS:
The defense contended that the ladder had been moved by plaintiff or another member of Good Cents to get behind in order to place the traps in the basement. They further contended that blood on a support joist could indicate another way in which plaintiff fell.

Injuries

Plaintiff, 42, suffered severe traumatic brain injury with bilateral subdural hematoma status post craniectomies and cranioplasties; hydrocephalus status post ventriculoperitoneal shunt; moderate cognitive deficits, improved at time of discharge; and decreased mobility and self-care skills, improved at time of discharge.

Result

The case settled for $3 million.

Other Information

INSURER: Fire Insurance Exchange for Mark F. Barrett, M.D. - $1 million. Truck Insurance Exchange for Mark F. Barrett, M.D. - $1 million. Seneca Specialty Insurance Company for Platinum Coast Inc. - $1 million. FILING DATE: Dec. 3, 2012.