Case details

Ranch owner failed to provide safe workplace, plaintiff claimed

SUMMARY

$9573181.8

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
digestive, gastrointestinal, ileostomy, laceration, pancreas
FACTS
On May 19, 2009, plaintiff Luke Bisi, 32, was allegedly working as a ranch hand at Millwood Ranch, a 166-acre horse ranch located in Pacifica. As he was handling a horse that was boarded at the ranch, a tractor-trailer drove by on a dirt road in close proximity to him. Bisi claimed the tractor-trailer “spooked” the horse, which, in turn, caused him to be thrown to the ground and stepped upon by the horse. Bisi sued the owner of Millwood Ranch, Millard Tong, and the owner of the tractor-trailer, McNamara Trucking Inc. Bisi alleged that Tong was negligent for failing to provide a safe workplace to handle horses and was negligent in the training of its ranch hands. He also alleged that Tong failed to provide him with workers’ compensation insurance. Bisi further alleged that the tractor-trailer driver was negligent in the operation of the truck in close proximity to the ranch hands and that McNamara Trucking was liable for the driver’s actions. Prior to trial, McNamara Trucking settled for $500,000. Plaintiff’s counsel contended that Bisi was working as a ranch hand at Millwood Ranch at the time of the incident, but that Tong failed to provide any workers’ compensation insurance for Bisi. Thus, counsel argued that Tong was liable for Bisi’s under California Labor Code § 3707. Plaintiff’s counsel also contended that Tong was negligent for allowing trucks and tractor-trailers to drive in close proximity to the 166-acre ranch. Counsel contended that Tong allowed trucks and tractor-trailers to dump at the ranch at all times, whereas, instead, Tong could have limited the dumping to a two-hour window each day and could have informed the ranch hands of when the allotted times would occur. In addition, plaintiff’s counsel argued that Tong was negligent for failing to properly train ranch hands in how to deal with difficult horses. Tong’s counsel was substituted out before trial, and Tong continued pro se. At trial, Tong, who also owned two bowling alleys, did not dispute not having coverage for Bisi at the ranch, but claimed that Bisi was actually a bowling alley employee and that the workers’ compensation carrier for the bowling alley denied coverage for an accident at the ranch. Tong also claimed that Bisi was comparatively at fault because Bisi was intoxicated at the time of the accident. In addition, Tong called a witness who testified that Bisi looked like he was hungover on the morning of the accident., Bisi suffered a pancreatic laceration as result of the horse stepping on his abdomen. In the four years following the incident, he underwent over a dozen surgical repairs to address his and complications. Specifically, the pancreatic laceration developed into a pseudocyst months after the initial injury and additional complications resulted, including a colonic fistula. As a result, Bisi required both an ileostomy and a colostomy in the years following the accident in order to address the complications and divert his gastrointestinal tract. Bisi remains in a skilled nursing facility and he claimed he will require additional care and treatment. Thus, he sought recovery for his past and future medical expenses, and past and future loss of earnings. Tong claimed that Bisi is fine and that Bisi would not need any future care or treatment. He alleged that Bisi should have been out of the hospitals earlier and that Bisi is abusing his medications, as Bisi does not require as many medications as he is taking.
COURT
Superior Court of San Mateo County, San Mateo, CA

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