A 45-year-old man suffered severe injuries after falling 15-20 feet when a ladder gave way while he was untying a load of hay at a Wilmington company, incurring $300,000 in medical expenses and $360,000 in lost future earnings. A $3.5 million settlement was secured after evidence showed that company policy required safer equipment for such tasks.
Plaintiff, a 45 year old male, was delivering a load of hay to Defendant’s company, located in the city of Wilmington, CA. Upon arrival to Defendant’s company, the load of hay that was on Plaintiff’s flatbed truck needed to be untied. Defendant’s employee handed the Plaintiff a wall ladder, for Plaintiff to climb up approximately 15-20 feet on top of the load of hay, so that he can untie the load of hay. Defendant’s employee assured Plaintiff that he would hold onto the ladder while Plaintiff climbed up to untie the load. However, after reaching the top of the ladder, but not yet having stepped onto the load of hay, the ladder gave way, and Plaintiff fell approximately 15-20 feet onto the hard ground.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a trip-and-fall accident, they are obligated to warn visitors and guests of the dangers. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. (A classic example of an invitee is a business patron on the premises of a business such as Plaintiff’s presence at Defendant’s company.)
As a result of his fall, Plaintiff suffered injuries to his neck, lower back and right knee. Plaintiff’s injuries were significant enough to incur $300,000 in medical expenses. It was further determined that Plaintiff would lose approximately $360,000 in future income earnings, since he would be unable to work for several years, until his injuries heal. Plaintiff required a lumbar spine surgery, as well as a right knee arthroscopic surgery, to where he now has ongoing sporadic lumbar spine and right knee pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, in which the Defendant’s company policy in relation to unloading loads of hay was disclosed to Messrs. Khakshooy and Agarwal, it was determined that due to safety concerns, the policy for untying loads of hay are usually done with a machine that lifts a person up on top of the load of hay. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of his fall. Messrs. Khakshooy and Agarwal were able to recover $3,500,000 for Plaintiff.
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