Case details

Trucker trapped under falling gate suffered multiple fractures

SUMMARY

$625000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, chest, fracture, left knee, left leg, leg, neck, rib, ribs, vertebra, vertebrknee
FACTS
On May 20, 2012, at approximately 12 midnight, plaintiff Manuel Moran, 52, a long haul trucker, was closing a 1,500-pound metal sliding security gate at a truck yard owned and operated by Arrow Fuel Services Inc. in Irwindale. As Moran closed the gate, the gate came off its tracks and fell on him, knocking him to the ground and trapping him underneath. He sustained to his left leg, left knee, back and ribs. Moran sued Arrow Fuel Service, Arrow Diesel Fuel Services, and Arrow Gas and Diesel Mobile Service LLC. (It was ultimately determined that the proper defendant name was “Arrow Fuel Services Inc.”) Moran alleged that the defendant(s) failed to properly repair and/or maintain the gate, creating a dangerous condition. Plaintiff’s counsel contended that the gate in question was built 30 years before the incident by the owner of Arrow Fuel Service Inc., Ray Barron. Counsel asserted that approximately one month before the incident, an Arrow employee notified Barron that the gate was damaged and in need of repair, but that Barron or any other Arrow employee did not make the necessary repairs until after the accident. Arrow Fuel Service Inc. ultimately admitted liability., Emergency responders pulled Moran out from under the gate and transported him to Los Angeles County + USC Medical Center, in Los Angeles, where he remained for five days. Moran sustained a comminuted fracture of his left femur, two fractured lumbar vertebrae, and four fractured ribs. He underwent surgery on his left leg, which included the implantation of permanent rodding and pinning. Moran could not return to work for 11 months. He alleged that his left him with lifetime of residual pain in his left leg, left knee, back and ribs. The orthopedic experts for both the plaintiff and defense agreed that Moran would have lifelong residual problems to some degree that would affect Moran’s work and social lives. Thus, plaintiff’s counsel asked the jury to award Moran $4,238,288 in total damages, including $44,000 for Moran’s past lost earnings, $2,097,144 for Moran’s past pain and suffering, and $2,097,144 for Moran’s future pain and suffering. (Moran’s past medical bills were covered by workers’ compensation insurance, so they were not presented to the jury.) Plaintiff’s counsel also sought to amend the complaint prior to trial in order to add claim for punitive damages, but it was denied by the court. Defense counsel did not dispute Moran’s , or the necessity and reasonableness of any of Moran’s medical treatment and lost earnings. However, defense counsel disputed the value of Moran’s past and future general damages, and argued that the jury should, instead, award Moran only $219,000 in total damages, which included $44,000 in past lost earnings (which was undisputed) and $175,000 for Moran’s past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case