Case details

Worker turned on conveyor belt without warning, plaintiff claimed

SUMMARY

$3895220

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
depression, mental, psychological
FACTS
On Jan. 12, 2011, plaintiff Michael Murdoch, 28, a construction foreman, was working on the construction of a brand new terminal at San Francisco International Airport. Siemens Industries, the conveyor belt contractor for the project, employed Murdoch. He claimed a conveyor belt he was working on started “without warning,” causing his body to be pulled into an approximate 12-inch gap, his pelvis and lower spine. Murdoch sued Brock Solutions, a computer programming company that designed the baggage handling systems, including the conveyor belts. He also sued the project general contractor, Turner Construction Co., and the electrical sub-contractors, Bass Electric and Electrical Systems & Installations Inc (ESI). Prior to trial, Bass Electric and Turner Construction settled with Murdoch for a total of $150,000, and ESI was let out on summary judgment. Thus, the matter proceeded to trial against Brock Solutions only. Plaintiffs’ counsel contended that a Brock Solutions employee activated the subject conveyor belt either without warning or without adequate warning, and without visually inspecting the line before turning on the conveyor belt while Murdoch was working on the machine. Counsel admitted, from the onset of trial, that Murdoch was also at fault for failing to “lockout, tag out” before beginning work on the conveyor belt. Brock Solutions denied that one of its employees turned on the subject conveyor belt while Murdoch was working on it. Its counsel argued that Brock Solutions had no obligation to Murdoch, who was working under the direction and control of Siemens Industries, which was also directly controlling Brock Solutions., Murdoch was treated by medical services at San Francisco International Airport. He claimed his condition worsened when he went home, causing him to follow up at a hospital. Murdoch was ultimately diagnosed with a compression fracture of his sacrum and ilium, for which he received some physical therapy. In December 2011, he underwent pinning surgery and followed up with more physical therapy. Murdoch claimed he is now totally disabled, due to residual pain, discomfort, decreased range of motion, and reduced mobility. He also claimed he can no longer engage in most physical activity, and suffers from post-traumatic stress disorder and depression from his near-death experience. Thus, Murdoch sought recovery of $150,000 in past medical costs, $1 million in future medical costs, $295,000 in past lost earnings, and $2.8 million in future lost earnings. He also sought recovery of $3 million to $4 million in damages for his past and future pain and suffering. His wife, Danielle Murdoch, sought recovery of damages for her loss of consortium. Counsel for Brock Solutions contended that Mr. Murdoch was not disabled and had made close to a full recovery from his . Counsel also contended that while Mr. Murdoch can no longer work as foreman, there were several other positions in the construction field that he could perform.
COURT
Superior Court of San Francisco County, San Francisco, CA

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