Case details

Electrician claimed multiple fractures from ladder fall

SUMMARY

$5263486

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
clavicle, dislocation right knee, fracture, headaches, left knee, leg foot, limber pain, lower back, right femur, right femur fracture, transverse fracture, two spiral fractures
FACTS
On May 2, 2011, plaintiff Joanne Turner, 47, an electrician employed by L&H Airco, was performing electrical work as part of a construction project on the roof of the Health and Public Safety Building at Yuba Community College District, in Marysville. While she was descending a ladder, Turner fell approximately 15 feet and landed on the concrete floor. She claimed to her back, and right leg and foot. Turner sued the general contractor that was responsible for the overall construction of the building, Sundt Construction Inc., and the subcontractor that Sundt Construction hired to construct and install a 20-foot tall, roof-access ladder in the building, Capitol Iron Works Inc. Turner alleged that the incident stemmed from an elevation-related hazard and that she was not provided the proper, safe equipment that is required. She also contended that the site was not properly safeguarded. Specifically, Turner claimed that defendants failed to apply a required, non-slip coating on the ladder steps and failed clean sheet rock dust from the ladder. Thus, she claimed the defendants caused her fall. The defendants contested liability until after the completion of the depositions of the defendants’ management personnel and the plaintiff’s construction safety expert. The defendants then admitted liability, admitting that the ladder was negligently constructed and managed and that they were solely responsible for Turner’s fall., Turner suffered a burst fracture at the L2 level, a displaced fracture at the L1 level, a fracture of the right femur with a dislocation at the right knee, two spiral fractures of the right femur, a fracture of the right clavicle and a transverse fracture at the base of the second metatarsal of her right foot. She was subsequently taken by ambulance to Rideout Memorial Hospital, in Marysville. The next day, Turner underwent open reduction and internal fixation of her right femur with a retrograde nail inserted into her right knee. Turner was hospitalized for seven days, after which she was transferred to a rehabilitation facility, where she stayed for 12 more days. After being discharged, Turner was non-weight bearing for approximately 10 weeks and wore a hard shell thoracolumbosacral orthosis (TLSO) back brace for approximately three months. However, she claimed the to her knees persisted, so she underwent a left knee arthroscopy on April 1, 2013. Turner also had continued complaints of headaches and lumbar pain radiating down her right hip and leg. As a result, on Oct. 21, 2013, she received an interlaminar epidural steroid injection to her lumbar spine. Turner then underwent an arthroscopic meniscal repair and chondroplasty of her right knee on Aug. 11, 2014. Despite her prior treatment, she claimed that her lower back pain was still significant and present. Thus, on July 2, 2015, Turner underwent an anterior lumbar interbody discectomy and posterolateral fusion with posterior pedicle screw instrumentation at the L4-5 level of her lumbar spine. Turner claimed that all of her medical treatment was related to the incident and that she incurred medical expenses in the amount of $380,000. She also claimed that she suffered $337,680 in past lost earnings and that she would incur future medical costs for additional spine and knee surgeries. In addition, Turner claimed that she was unable to return to work and that she suffers a loss of income that would exceed $1 million. Defense counsel disputed the extent of Turner’s and damages claims. Counsel also asserted that Turner would be able to return to work to a job that would ultimately pay as much as she made as an electrician.
COURT
Superior Court of Yuba County, Marysville, CA

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