Facts

Marco Lee was allegedly inspecting a skylight near the edge of the roof of a self-storage facility when he fell off the building. Lee died instantly. His wife, son, and daughter sued his employer, Safeway Self Storage Co. Inc., the building's owner, United Business Management Co. LLC, and the owner of the businesses, Hwa Hee Park. They argued that the defendants were negligent and in violation of California Occupational Safety and Health Administration regulations regarding roof safety, which led to Lee's wrongful death.

Park was dismissed from the case prior to trial. Safeway Self-Storage was also dismissed from the lawsuit based on workers' compensation exclusivity.

PLAINTIFF'S CONTENTIONS:
The plaintiffs argued that the lack of guard rails on the top of the wall barrier and bumps in the floor of the roof presented a dangerous condition. Their accident investigation and reconstruction expert pined that the roof was dangerous for these reasons. The expert believed that Lee was inspecting a skylight when he tripped, lost his balance, and fell.

DEFENDANT'S CONTENTIONS:
The defendants argued that the roof complied with the applicable building codes and was safe at the time of the incident. They also argued that any danger concerning fall from the roof was open and obvious. Lee had no business being on the roof of the building and he rarely, if ever, went on the roof. The defendants also pointed out that Lee was never instructed to go on the roof. The defendants finally argued that Lee intentionally took his own life based on ongoing legal and financial issues. Lee was sued for fraud in 2005 through 2006, and from September 2008 onward no mortgage payments were made on his family's home. In November 2008, Lee obtained a second life insurance policy.

Damages

The plaintiffs sought recovery of $4 to $5 million in wrongful death damages. They sought $2 million for their loss of comfort and society, and $2 million for their loss of financial contributions.

Injuries

Lee died from blunt force trauma to his head and chest.

Result

The jury ruled in favor of the defendant, finding that United Building was not negligent.

Deliberation

three hours

Length

six days