Facts

Steven Richards sued Peterson Tractor Co., Jim Lansford, and Jim Lanphear, in connection with an industrial-related injury.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a self-employed heavy equipment appraiser/estimator. On Jan. 17, 2011, he was at a facility owned by defendant Peterson to inspect a damaged excavator engine. While taking pictures of the damage, he lost his balance and fell about three feet from the ground. At the time, plaintiff was being supported by shop manager Lamphear. Plaintiff, who weighed about 300 pounds, lost his balance as he attempted to grab onto a grab bar. Plaintiff sued Peterson for alleged violations of the Labor Code and California's Occupational Safety and Health Act regulations. Plaintiff alleged that the laws and regulations required fall protection for workers working above ground, as he was. He also claimed the excavator was not safe to climb on absent use of fall protection.

DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's allegations. Peterson claimed it offered plaintiff a step bench, but plaintiff declined. Peterson also disputed plaintiff's version of the event. Furthermore, its expert claimed fall protection were only required when working above four feet and that the handholds and footholds on the excavator adequately and safely allowed both ascent and decent from the machine.

Settlement Discussions

Richards made a CCP 998 demand of $75,000. Peterson made a CCP 998 offer of $30,000.

Damages

Richards claimed the injuries caused him to lose out-of-state business. Plaintiff requested $80,000 in lost income.

Injuries

Richards sustained a torn tendon in his biceps, and underwent surgery to repair it.

Result

The jury rendered a verdict in favor of the defense.

Deliberation

30 minutes

Poll

10-2

Length

10 days