Ronald Michael Gradle, et al. v. Doppelmayr USA Inc., et al.
Published: Jul. 13, 2002 | Result Date: Apr. 26, 2002 | Filing Date: Jan. 1, 1900 |Case number: 12815 Verdict – $0
Judge
Court
Mono Superior
Attorneys
Plaintiff
Steven P. Scandura
(Law Offices of Steven P. Scandura)
Defendant
Experts
Plaintiff
Richard C. Penniman
(technical)
Gregory Hermann
(technical)
Morris S. Farkas
(technical)
Defendant
Rick Jewett
(technical)
H. James Ellis
(technical)
Facts
This case is a personal injury action resulting from an industrial accident filed by Ronald and Nancy Gradle.
On Jan. 5, 1997, plaintiff Ronald Gradle, an electrician employed by June Mountain Ski Resort, had his left leg
amputated after he fell while inspecting a ski lift chair and his leg became entangled in the decelerator sheaves
and chair grip.
On Jan. 5, at around 9 a.m., plaintiff Gradle and the rest of the June Mountain Lift Maintenance personnel
were conducting routine pre-operational inspections in order to open the chair in question. The opening of the
lift had been delayed an hour and a half due to weather difficulties. At the time of the incident, it was icy, cold,
snowing and overcast.
Gradle left the bottom of the lift to check on a proximity switch at the top of the terminal. The switch had
become stuck due to prevailing weather conditions.
According to the defendants, Gradle knew of the condition because both the control panels in the bottom and
top terminals displayed a mechanical malfunction involving the switch.
When the plaintiff arrived at the top of the lift, he met with the lift mechanic who was manning the top
terminal. The plaintiff then climbed upstairs into the top of the terminal to inspect the switch.
Several fellow employees heard the lift mechanic ask plaintiff Gradle over the radio if Gradle wanted the lift
stopped. Gradle declined.
The plaintiff then climbed onto the top of the wall which separates the catwalk from the moving machinery.
According to the defendants, Gradle claimed that he wanted to see the switch while the lift was running to
insure that it was actually stuck.
Atop the wall, the plaintiff saw that the switch was covered with ice. Gradle asked the lift mechanic to slow the
lift and asserts that he also asked the mechanic to stop it. The plaintiff then crouched down and leaned out over
the moving machinery, waiting for the mechanic to stop the lift.
After almost a minute, the plaintiff slipped, falling into the path of an incoming chair. The chair caught his left
leg and pulled it into the decelerator sheave, traumatically amputating the leg below the knee.
In 1996, California required safety changes to be made to all detachable chair lifts. Mammoth Mountain, June
MountainÆs parent company, contracted with defendant Doppelmayr USA, Inc., a Colorado corporation, to
complete these changes.
Because Mammoth wanted their lifts operational for the 1996-1997 ski season, they purchased the equipment
necessary to modify their lifts from Doppelmayr with the intention of doing the construction themselves.
Pursuant to the contract, defendant Doppelmayr would supply the design and parts for the system and
Mammoth would undertake the construction and eventually hired an outside engineer to ensure that the
modifications met Code requirements.
No enclosure was built around the structure at the top of the terminal and no safety rope was installed.
According to the defendants, the outside engineer warned Mammoth not to open the lift
until the entire modification was made, but the warning was not heeded.
Settlement Discussions
The plaintiffs initially demanded $8.5 million, but eventually made a C.C.P. offer to compromise for $2.5 million. During trial, the plaintiffs first made an offer for $2.65 million and then reduced it to $1.5 million. The defendants made an initial C.C.P. offer of $24,000 to Ronald Gradle and $1,000 to Nancy Gradle. Prior to trial, the defendants made a global offer of $100,000 and, during trial, $300,000.
Injuries
Ronald Gradle suffered traumatic amputation of the left leg, sexual dysfunction, depression, post traumatic stress disorder, urinary incontinence, chronic pain, phantom limb pain, spinal injury, exacerbated degeneration of the hands, arms, hips, back and knee. Nancy Gradle suffered loss of consortium.
Other Information
<M>The parties mediated before the Honorable John K. Trotter on April 1, 2002. Mediation efforts were unsuccessful.<M/>
Deliberation
5 hours
Poll
10-2 (defense on design defect), 11-1 (negligence against Doppelmayr), 12-0 (defense on causation)
Length
10 days (liability only)
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