Facts

On April 7, 2011, plaintiff Yossi Attia, 49, while at a construction site, fell out of a large window opening, which was supposed to have been protected by a guardrail. Prior to the date of incident, a guardrail had been removed from the same opening in order to allow for the installation of a window. During the time period, the opening had no protective railing. Plaintiff slipped on the staircase and fell out of the opening.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was required and failed to place a guardrail over the window opening.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff should have been aware of the lack of a guardrail and that even had a guardrail been in place, it would not have prevented plaintiff from falling out of the opening.

Settlement Discussions

Plaintiff made a CCP 998 demand of $1 million policy limits. Defendants made no offer prior to mediation.

Specials in Evidence

$121,000 $300,000

Injuries

Plaintiff fractured his back and most of his ribs. He underwent back surgery, including a complete T11 laminectomy; a partial T12 laminectomy; a T10-L2 posterior thorocolumbar fusion and a T10-12 posteolateral fusion. Plaintiff continued with rehabilitation after surgery. He continues to have loss of strength, leg and back pain and balance problems to this day.

Result

The case settled for $775,000.

Other Information

FILING DATE: Sept. 4, 2012.