Case details

Company not to blame for fatal roof fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, chest, head
FACTS
On March 29, 2009, plaintiffs’ decedent Marco Lee, 57, a manager, was allegedly inspecting a skylight near the edge of the roof of a self-storage facility in Los Angeles when he fell 80 feet off the building. Lee died instantly after hitting the ground of an adjacent parking lot. Lee’s wife, Sang Soon Lee; his son, John Lee; and daughter, Christina Oh; sued his employer, Safeway Self Storage Co. Inc.; the building’s owner, United Business Management Co. LLC, and the owner of the businesses, Hwa Hee Park. They alleged that Park, Safeway and United Business were negligent and in violation of California Occupational Safety and Health Administration regulations regarding roof safety, which they claimed led to the decedent’s wrongful death. Park was dismissed from the case prior to trial because her corporate entity of United Business was deemed the owner of the building. Safeway Self-Storage was also dismissed from the lawsuit before trial based on workers’ compensation exclusivity. Thus, the matter proceeded against United Business only. Plaintiffs’ counsel contended that the lack of guard rails on top of the two-foot parapet wall barrier and half-inch bumps in the floor of the roof presented a dangerous condition. The plaintiffs’ accident investigation and reconstruction expert opined that the roof was dangerous because of the small dimples on the floor and lack of guard rails. The expert believed that Lee was inspecting a skylight near the edge of the roof, tripped, lost his balance and fell over the two-foot wall. Defense counsel contended that the roof complied with applicable building codes and was safe at the time of the incident. Based on the lack of a building code violation, counsel argued that any violation of Cal-OSHA regulations should be excused. Defense counsel also argued that any danger concerning falling from the roof was open and obvious. Counsel contended that Lee had no business being on the roof of the building after closing his employer’s office, and that he rarely, if ever, went on the roof. In addition, counsel contended that Marco Lee’s employer never instructed him to go on the roof. The defense’s accident investigation and reconstruction expert testified that the building was safe and that Lee fell from a different area than the one near the skylight. He further stated that it appeared that Lee stood on a ledge away from the skylight, thereby supporting a suicide defense. Defense counsel argued that Lee intentionally took his own life based on ongoing financial and legal issues. Counsel noted that Lee was sued for fraud in 2005 through 2006 in connection with the sale of his coin laundry business, and that from September 2008 through the time of the incident, no mortgage payments were made on his family’s home. Counsel also noted that from 2008 to 2009, Lee’s cell phone business never made a profit and began to close down, and that in November 2008, Lee obtained a second life insurance policy., Marco Lee died from blunt force trauma to his head and chest. He was 57 years old. Lee left behind a wife and two children. Lee’s family asked the jury to award $4 million to $5 million in total wrongful death damages. They sought recovery of $2 million for their loss of comfort and society, and $2 million for their loss of financial contributions. Defense counsel argued that the plaintiffs’ claims for damages were grossly exaggerated because the decedent was heavily in debt and, therefore, would not have been able to provide the financial contributions his family alleged.
COURT
Superior Court of Los Angeles County, Central, CA

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