Trial Magazine

Joanne Turner, an electrician, was working on the roof of a community college building under construction. As she descended a 20-foot-tall roof access ladder, she slipped and fell about 15 feet to the concrete floor below.

Turner, 53, suffered an L-2 burst ­fracture, a fractured right femur and foot, and bilateral knee injuries. She ­underwent open reduction internal ­fixation of the femur fracture and implantation of a retrograde nail in her right knee. She was hospitalized for about a week, spent 12 days in an ­inpatient rehabilitation facility, and remained off her leg for about ­two-and-a-half months. She also wore a back brace for about three months.

Turner’s bilateral knee pain persisted after the incident, and she also suffered lumbar pain radiating down into her right hip and leg. About two years after the incident, she ­underwent arthro­scopic surgery on her left knee, and, a year after that, an arthroscopic meniscal repair and chondroplasty of the right knee. She also received a lumbar epidural steroid injection for back pain. When the pain persisted, she ­underwent a diskectomy and fusion with posterior pedicle screw instrumentation at L4-5. Her past medical expenses totaled $380,000.

Turner continues to suffer pain and a limited range of motion, and she anticipates future medical expenses for additional spine and knee surgeries. She has been unable to return to work.

Turner sued the general contractor Sundt Construction, Inc., and the company Sundt hired to construct and install the ladder, Capitol Iron Works, Inc. Suit alleged the defendants failed to put a required nonslip coating on the steps and clean off drywall dust.

The plaintiff claimed that, among other damages, she would incur lost future earnings in excess of $1 million.

The defendants admitted liability but challenged the nature and extent of the plaintiff’s injuries, arguing that she had made a good recovery and could obtain other employment that would pay as much as her prior job. The defendants also argued that future medical expenses were speculative.

After an unsuccessful mediation, the defendants served a statutory settlement offer of $3.5 million. The plaintiff indicated that she would settle for the $5 million policy limits. Those were never tendered, and the case proceeded to trial on damages. The jury awarded about $5.26 million. The verdict has been paid.

Citation: Turner v. Sundt Constr., Inc., No. YCSCCVPO12-0000556 (Cal. Super. Ct. Yuba Cnty. July 1, 2016).

Plaintiff counsel: AAJ members Roger A. Dreyer and Christopher W. Wood, both of Sacramento, Calif.

Plaintiff experts: Carol Hyland, life care planning, Lafayette, Calif.; and Richard Barnes, economics, Sacramento.

Defense experts: Andrew M. O’Brien, vocational rehabilitation, Sacramento; and Margo Rich Ogus, economics, Palo Alto, Calif.