Marcos A. Juarez v. Parrett Construction Company
Published: Oct. 23, 1999 | Result Date: Jun. 17, 1999 | Filing Date: Jan. 1, 1900 |Case number: YC030822 Bench Decision – $11,156
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
David A. Clinton
(Clinton & Clinton )
Defendant
Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)
Facts
On the evening of Nov. 7, 1997, plaintiff Marcos Juarez, a 38-year-old security guard, entered warehouse 108 at the TRW facility in Torrance to secure the building at the close of business. The plaintiff was aware that defendant Nowlin Fence had been erecting a chain link fence inside the warehouse earlier that day. The vertical posts had been cemented and bolted to the floor, but the chain link had not yet been installed. As the plaintiff brushed the vertical post in checking the sturdiness of the fence, a horizontal top bar swung down, striking him in the hand. The plaintiff brought this personal injury action against TRW, Nowlin Fence and Parrett Construction Company, the company that hired Nowlin to construct the fence for TRW.
Settlement Discussions
The plaintiff made a settlement demand for $15,000. The defendants made a settlement offer of $2,500.
Specials in Evidence
$3,594 $5,000
Injuries
The plaintiff sustained two broken fingers on his left hand, requiring surgery to insert pins.
Result
(net, after reduction for comparative fault); $18,594 (gross) BENCH DECISION
Other Information
The decision was reached approximately one year and eight months after the case was filed. At the close of the plaintiff's case, a nonsuit was granted in favor of defendant Parret Construction, based upon a finding that Nowlin Fence was an independent contractor. The court found defendant TRW negligent in failing to secure the building.
Length
three days
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