Case details

Cable box fall caused severe injuries, technician claimed

SUMMARY

$450000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
face, facial laceration, nose
FACTS
On Nov. 8, 2009, plaintiff Thomas Ronchetto, 50, a cable technician for RCH Cable, attempted to open a multi-unit cable box at an apartment complex in Concord when the 40-pound Comcast cable box fell on him. The box subsequently lacerated his face, and struck him on the chest and upper abdomen. Ronchetto sued the owners of the cable box, Comcast Inc., Comcast Corp. and Comcast of California Inc. He alleged that the defendants hired the company he worked for to perform cable disconnections, but were negligent for the accident because Comcast had improperly mounted the cable box and inadequately anchored it to the exterior stucco wall. Defense counsel contended that Ronchetto contributed to the cable box pulling away from the wall., Ronchetto claimed that the cable box lacerated his face, and struck him on the chest and upper abdomen. He alleged that he felt burning in his abdomen immediately after the accident and three weeks later, treated at Kaiser Hospital in Walnut Creek. Physicians ordered an emergency CT scan of his abdomen, which revealed a major aortic thrombosis with a thromboembolism of the renal artery, and infarcts of the spleen and liver. Ronchetto was subsequently admitted to the Intensive Care Unit in critical condition. After a week of treatment with high doses of anti-coagulants, Ronchetto claimed that he was discharged with orders to remain on anti-coagulants for the rest of his life. Ronchetto claimed that the impact of the cable box caused his thrombophilia, for which he is required to be on Coumadin for the rest of his life. He alleged that this injury substantially altered his lifestyle by limiting recreational activities, such as biking and skiing. He also alleged that he was unable to return to work and that his injury limited his ability to work at jobs that present any fall risk. Thus, Ronchetto sought recovery of damages, including $48,000 in medical costs and $1 million in loss of earning capacity. The defense’s expert hematologist opined that Rochet to’s trauma was minor and could not have resulted in severe thrombophilia three weeks later. Defense counsel challenged Ronchetto’s claim for loss of earning capacity given that he had only been working for RCH Cable for two weeks prior to the incident.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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