Trial Magazine

Doe, a lineman, worked for an electrical contractor that was hired to install a new electrical switch and cross arm at the top of a wooden utility pole. Doe climbed the pole and then strapped his work-positioning belt around himself and the pole. While he was adjusting his position, the belt came up over the top of the pole, causing him to disconnect from it. He fell 60 feet to the ground.

Doe, 28, suffered a severe traumatic brain injury affecting his brain stem, spinal fractures resulting in incomplete quadriplegia, and other orthopedic injuries. He now has memory loss and other cognitive problems, speech and vision deficits, lost sense of smell, severe headaches, spasticity in all four limbs, and neurogenic bladder and bowel. He is unable to stand or walk on his own and uses a wheelchair. In addition, he has no use of his left hand or arm and very limited use of his right hand and arm, with minimal dexterity in his fingers. Doe will require 24-hour care for life. His past medical expenses totaled $2.44 million, and his future life care costs are estimated at $10.61 million.

Doe sued Roe general contractor, alleging that it had retained control over the project and safety. The plaintiff contended that the defendant put him in a position in which he had no other option but to climb and work at the top of its 60-foot pole without any fall protection.

In addition to past and future medical expenses, the plaintiff sought $4.97 million in past and future lost earnings. He also sought noneconomic damages.

The defendant argued that Doe’s employer was responsible for providing a safe work environment, including safety training and equipment. The defense also argued that the plaintiff was negligent in strapping his belt above the pole’s cross arm, a practice linemen are generally trained to avoid.

The parties settled before trial for $12.27 million.

Citation: Doe v. Roe, Confidential Ct. and Dkt. No., Nov. 18, 2016.

Plaintiff counsel: AAJ members Craig M. Peters and Kimberly Wong, both of San Francisco.