Facts

Plaintiff John Doe, 46, was a laborer working at a field location controlled by a Southern California utility company, filling in dirt around a newly set 60-foot electrical pole.

Plaintiff filed suit against his employer in connection with a work-related injury.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant failed to clear the area below before a pole climber ascended the pole. While plaintiff worked at the bottom of the pole as he was directed, defendant's employee, while 30 feet up on the pole negligently dropped a 13-pound steel shackle which fell, landing on the back of plaintiff's head at the brain stem.

DEFENDANTS' CONTENTIONS:
Defendant denied plaintiff's allegations and asserted various affirmative defenses.

Injuries

Plaintiff was wearing appropriate safety gear and the injury was not fatal and did not result in paralysis. However, plaintiff claimed he suffered a mild traumatic brain injury and a spinal cord injury, among other injuries. Plaintiff claimed he was, and continues to be unable to return to gainful employment.

Result

The case settled for $7,775,000.

Other Information

A loss of consortium claim by plaintiff's wife was included as part of the comprehensive settlement. In addition to the third party settlement, plaintiff obtained a complete waiver of the workers' compensation lien. FILING DATE: Dec. 11, 2012.