Facts

James Shipman, a construction site superintendent for Total Contract Maintenance, was working as the supervisor on a project in the San Bernardino National Forest at Big Bear Lake. Total subcontracted Smith Floors and Installers to deliver 1,600 square feet of carpet. The parties had done other projects in the past. While painting a door frame, a carpet roll was being unloaded from a pickup truck by Smith Floors installers when the carpet roll was dropped onto the right side of Shipman's body and ultimately onto his right ankle, causing an open fracture.

Shipman sued the operator of Smith Floors, EJKC Inc., the lead carpet installer, Rosalio Zuniga, and another installer, Victoriano Gallego for negligence.

PLAINTIFF'S CONTENTIONS:
Shipman alleged that defendants were negligent for failing to maintain a safe working environment by not placing cones in the area to mark or block off the area where the carpet was to be unloaded. Shipman also claimed that defendants unloaded the carpet in a negligent manner, and that this negligence exclusively caused his injuries. He also claimed that defendants did not provide him with any verbal or physical notice that they were going to be unloading the carpet.

DEFENDANTS' CONTENTIONS:
Defendants contended that, as the construction supervisor on the site, plaintiff had superior knowledge about work place safety, and was aware that the area in front of the delivery truck was to be used to unload the carpet. Defendant also contended that there was no requirement stating that cones had to be placed where the truck was. EJKC denied any liability and asserted that Shipman was at least 50 percent at fault because he knew he knew where the carpet was going to be unloaded and was inattentive by talking on his cellphone at the time of the accident.

Damages

Shipman sought damages, which included $49,690 for his medical bills and an unspecified amount for his pain and suffering.

Injuries

Shipman sustained an open fracture of his right ankle, and was transported by medical helicopter to Arrowhead Regional Medical Center in Colton. He underwent surgery and months of physical training. As a result, he was on disability for over two years.

Result

The parties agreed to a $550,000 settlement with the guidance of mediator Jay Horton. The settlement included reimbursement of a workers compensation lien by the State Compensation Insurance Fund for $114,992.