Facts

In February 2007, co-defendant United El Segundo Inc. hired co-defendant Frey Environmental Inc. to perform environmental remediation work at its gas station in Culver City. After the underground work was completed, large metal plates were placed over the top of the trenches so that the trenches would remain covered until the property was re-cemented. On Feb. 18, 2007, plaintiff Timothy Gray, age 48, tripped over one of the metal plates at the station.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Frey Environmental Inc. caused the metal plates to be placed and maintained in a way that created a dangerous condition and that neither Frey Environmental Inc. (the contractor) nor United El Segundo Inc. (the property owner) placed adequate warnings at the property to alert customers to the presence of the metal plates.

Plaintiff's expert opined that precautions should have been taken by defendants including: (1) warning signs should have been posted in the area of the plates; (2) the edges of the plates should have been painted orange; or (3) the edges of the plates could have been ramped with cold patch asphalt.

DEFENDANT'S CONTENTIONS:
United El Segundo Inc. and Frey Environmental Inc. claimed that the presence of the metal plates was open and obvious and that plaintiff's fall was caused solely by his inattention.

The defense expert opined that cold patching was not the standard in the industry and created a significant slip hazard.

Settlement Discussions

During litigation, the plaintiff demanded $680,000. Each defendant made a C.C.P. Section 998 offer for $20,000 ($40,000 total). According to defense counsel: During a pre-trial mediation, the defendants increased their offer to a global settlement amount of $75,000. According to plaintiff's counsel: No further offers were made over the previous $40,000 (total) 998 offer.

Damages

According to plaintiff's counsel: Plaintiff sought $82,858 in past economic (medical) damages and $50,000 (to be reduced to present value) in future economic damages. According to defense counsel: The plaintiff claimed medical expenses for the two past surgeries and one future surgery in an amount totaling over $120,000. The plaintiff also asked the jury for pain and suffering damages.

Injuries

The plaintiff claimed damages for a lumbar surgery, a cervical surgery and an additional cervical surgery that would take place in the future. The defendants claimed that plaintiff's surgeries were not caused by the trip and fall, but rather a series of pre-existing conditions, including a failed prior cervical surgery and degenerative disc disease.

Result

United El Segundo Inc. was found not negligent. Frey Environmental Inc. was found to be 30 percent at fault. The plaintiff was found to be 70 percent at fault. The jury found that plaintiff had suffered $82,858 in past economic damages and $82,858 in past non-economic damages. The jury did not award plaintiff damages for future economic and non-economic damages. After apportionment and offset, the plaintiff's award from Frey Environmental will be $49,715. United El Segundo will seek its full costs (under C.C.P section 998) from plaintiff. The plaintiff will seek its costs from Frey Environmental Inc.

Deliberation

six hours

Poll

11-1 (United El Segundo was not negligent), 9-3 (Frey Environmental was negligent), 9-3 (Frey Environmental's negligence was 30 percent the cause of plaintiff's fall compared with plaintiff's own negligence being 70 percent the cause of his fall)

Length

nine days