Facts

Manuel Martinez, a truck driver, was looking for a tanker truck to pick up for his employer. He was walking through a Land O'Lakes plant in Tulare approaching a guard shack when a guard arm automatically lowered hitting his shoulder. He suffered injuries as a result thereof and sued Securitas Security Services USA Inc. and Land O' Lakes Inc. for negligence, among others.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Securitas' guard failed to pay attention and flip a kill switch inside the guard shack that would have prevented the guard arm from descending before it struck the Plaintiff in the shoulder. Plaintiff further contended that the Defendant failed to follow the company's policies and procedures. Plaintiff contended that Defendant-Securitas had control over the guard shack and address any potential hazards.

DEFENDANT'S CONTENTIONS:
Defendant contended that the Plaintiff was comparatively negligent for walking under the guard arm and placing himself in a dangerous position. Defendant further contended that Defendant-Land O'Lakes had ad uty to maintain the premises free of any dangerous conditions and that it failed to correct a dangerous condition on their property.

Damages

Martinez sought $32,646 in past medical costs and $117,000 in past lost earnings. He also sought an unspecified amount for noneconomic damages.

Injuries

Martinez suffered from a partially torn rotator cuff and frozen-shoulder condition. Martinez underwent an arthroscopic procedure for his shoulder injury, followed by several months of physical therapy and home exercises. He was subsequently diagnosed with adhesive capsulitis or frozen shoulder after he developed scar tissue at the surgical site. He underwent another surgery to clean up the scar tissue. Martinez continued to experience pain and limited range of motion.

Result

Martinez settled with Land O'Lakes for $100,00 prior to trial. The jury found Securitas 69 percent liable for the accident, and Land O'Lakes 30 percent liable. Martinez was found one percent comparatively liable. The jury then determined Martinez's damages totaled $224,000, which included $162,000 in total economic damages and $62,000 in noneconomic damages that was offset accordingly. Martinez ultimately settled with Securitas for $150,000 post-trial.