Facts

On Feb. 26, 2010 at 2 a.m., plaintiff Jeffrey Willden, a 50-year-old truck driver, while working in the course and scope of his employment with Gardner Trucking, was securing a load of palletized cardboard container material on defendant's trailer, on defendant's premises in Fresno. The loading area had recently changed temporarily to the east side of a driveway on the premises as a result of resurfacing operations. As Willden was strapping the load to the trailer, he stepped backward into an uncovered vertical concrete drainage pipe approximately 14 inches in diameter and two-feet deep, twisting his lower back.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant negligently failed to keep its property in a reasonably safe condition; breached its affirmative duty to inspect its property in order to discover unsafe conditions and to either cover the pipe or provide adequate warning to persons on their premises.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff's co-employees parked the trailer in an area with inadequate lighting and presumably were aware of the existence of the hole. Defendant alleged that plaintiff had a previous (10 years) non-industrial lumbar procedure and suffered from degenerative disk disease for which defendant was not responsible.

Settlement Discussions

Defendant offered $250,000 at a previous mediation.

Specials in Evidence

$82,895 $117,000 $580,000 $125,000

Injuries

Plaintiff underwent an L4-5 lumbar laminectomy and 10 days later was hospitalized for a post-surgical wound infection. Plaintiff was unable to return to his occupation as a truck driver as a result of lifting restrictions.

Result

The case settled at a second mediation for $450,000.

Other Information

Workers' Compensation lien claimant National Interstate Insurance accepted $66,000 in settlement of its lien in the amount of $135,000. FILING DATE: Nov. 15, 2011.