Facts

Plaintiff James Otenell worked for DSC Logistics. As he finished up work for the day, he closed the security gates at the Ontario Commerce Center. The 700-pound doors open and close manually. It traveled beyond its stop mechanism and fell on top of him. The plaintiff sued CWFC Inc., operating as Cal West Fence Co., Fullmer Construction, J&E Wrought Iron Inc., Kensington-Ridge Ontario I LLC and Ridge Realty Group LLC on a premises liability theory.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the gate was negligently installed and maintained. He claimed he was permanently disabled and that he was entitled to lost wages until age 72, which is when he claimed he would have retired.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff's employer, DSC Logistics, knew the gate had fallen previously but failed to notify the property owner or gate manufacturer. The defendants also argued plaintiff was only entitled to lost wages until the traditional retirement age of 65.

Specials in Evidence

$142,860; $133,782; $426,891.

Damages

The plaintiff sought past and future lost wages, medical expenses and an unspecified amount for pain and suffering.

Injuries

The plaintiff sustained bilateral pneumothorax, multiple bilateral rib fractures, aggravation to a degenerative spinal condition, fractured right scapula, a right transverse process fracture at T10, anterior wedging at T9, thoracic radiculitis and peripheral neuropathy.

Result

The parties settled for $625,000. Of this, Cal West paid $25,000, Fullmer paid $125,000, Kensington-Ridge paid $125,000 and J&E Wrought Iron paid $350,000.