Case details

Unsafe expansion joint covers caused fall: sheet metal worker

SUMMARY

$2626750

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
annular tear, anterior cruciate ligament, back, disc protrusion, knee, lower back, lumbar knee, neck, nerve impingement, neurological, right knee, tear
FACTS
On Jan. 9, 2012, plaintiff James Strouse, 44, a sheet metal worker for Acco Engineered Systems Inc., was working on a retro-fit project at California Memorial Stadium, an outdoor football stadium on the campus of the University of California, Berkeley, in Berkeley. While he was attempting to cross a plywood expansion joint cover, he fell. The plywood either slipped or broke, causing Strouse’s right foot to go into one of the expansion joints, which were about 12 inches deep and 12 inches across. He subsequently fell forward, allegedly his right knee and lower back. Strouse sued Webcor Construction, L.P., doing business as Webcor Builders, which was believed to have retained control over the safety of workers on the project. Strouse alleged that Webcor failed to maintain the subject area and failed to inspect the covers, creating a dangerous condition. Webcor brought a third-party claim against Strouse’s employer, Acco Engineered Systems Inc., alleging that Acco was responsible. The issue of indemnification was bifurcated. Webcor claimed that there was an indemnity agreement stating that if Acco was found any percentage at fault, Acco would end up paying for the entire judgment., Strouse claimed that he felt immediate pain in his right knee after his fall. He was subsequently transported to the onsite clinic, located on a scissor lift. Strouse claimed that shortly thereafter, he experienced pain in his back. He eventually sought initial treatment of his right knee and back complaints through Concentra. However, he continued to work. On Feb. 15, 2012, an MRI of Strouse’s right knee showed an anterior cruciate ligament tear. As a result, Strouse was referred to an orthopedic surgeon, who took Strouse off of work in April 2012. Strouse then underwent an ACL surgery on the right knee on April 16, 2012, and referred to physical therapy, during which he was kept off of work. Strouse continued under the care of the orthopedic surgeon through November 2012, during which he allegedly continued to have post-surgical right knee complaints and lower back complaints. The orthopedic surgeon subsequently recommended an MRI for further evaluation of the lumbar spine. The MRI study, which was performed on Nov. 29, 2012, showed lumbar disc protrusions and an annular tear. In light of the findings, Strouse was referred to a spine specialist. In February 2013, Strouse transferred his care to a spinal surgeon, who recommended an epidural injection. Strouse also saw his primary care physician for ongoing issues with his back and he continued to see the initial orthopedic surgeon from time to time for his right knee. The spinal surgeon ultimately treated Strouse’s lumbar condition with epidural injections, nerve blocks, and radio-frequency. Strouse claimed that in February 2014, he felt a popping sensation in his right hip during physical therapy for his lower back. A hip arthrogram was subsequently performed at a Kaiser facility in June 2014, and the arthrogram showed a femoral impingement. Treatment for hip took place at the Kaiser facility, but it was disputed by Strouse’s workers’ compensation carrier. Strouse ultimately underwent surgery on the right hip at the Kaiser facility in September 2014. In addition, he continued to see a pain management physician for treatment of his lower back. The pain management physician remained Strouse’s primary physician at the time of trial, and Strouse completed a functional restoration program in early 2015. Webcor’s counsel disputed Strouse’s and contended that the alleged . Counsel argued that Strouse’s alleged were nothing more than a first aid event that should have resolved within a few weeks.
COURT
Superior Court of Alameda County, Oakland, CA

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