Frank Magana Jr. v. Stagetech, et al.
Published: Jan. 4, 2001 | Result Date: Dec. 13, 2000 | Filing Date: Jan. 1, 1900 |Case number: NC023815 Verdict – $267,961
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Scott E. Mann
(Mann & Elias)
Defendant
Experts
Plaintiff
Daniel Zinar
(medical)
Facts
Defendant John Morris is the owner of Mums Restaurant in Long Beach. He promotes an annual New YearÆs
Eve party on Pine Street. He contracted with Gary Goesselin of Protime Productions to be an event coordinator.
Goesselin hired numerous subcontractors who were all working on the scene the day of the accident.
Plaintiff Frank Magana was contracted through one of the subcontractors to be a sound engineer for the event.
A 7-foot high stage was built by Stagetech to hold a band and other performers for the event.
The stage was built with safety rails around three sides, as required by law. After the stage was built and the
safety rails were affixed, one of the subcontractors removed the "stage right" safety rails in order to load sound
equipment. Magana helped with the loading of the equipment and saw that the rail was down. Subsequently,
the rail was replaced, but not secured. About four hours later, Magana used the guardrail to right himself but it
gave way. Magana fell 7 feet to the ground.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $100,000 to defendant Morris. Defendant Morris made a C.C.P. Section 998 offer for $20,001. Cross-defendant Goesselin offered $17,961.
Specials in Evidence
$17,961 (stipulated)
Injuries
Broken comminuted fracture of the right distal fibula and tibia, requiring open reduction and internal fixation. Hardware still in place.
Other Information
<A>The case went to arbitration before retired judge Norman Gordon with an award for the plaintiff of $107,135. The plaintiff and defendant Morris requested a trial de novo. The plaintiff settled with defendant Stagetech for $4,000 before trial. The case was also mediated before Darrin Wells of JAMS, without success.</A>
Length
2.5 days
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