Trial Magazine

Monnie Wright, a corrections officer at San Quentin State Prison, lived in a rental home located on prison grounds. Early one morning, Wright descended the concrete stairwell outside his residence on his way to his job post. One of the stairs collapsed, causing him to fall and suffer spinal nerve root inflammation at L5 to S1; a fractured right elbow; and multiple knee tears, necessitating several surgeries.

Wright filed a workers’ compensation claim and was awarded benefits for medical expenses and disability. He then filed a personal injury suit against the state, alleging premises liability.

The state moved for summary judgment on the basis that the plaintiff had already received his exclusive remedy—workers’ compensation. The trial court granted the motion. An appellate court reversed, finding that a fact issue existed as to whether the plaintiff was acting in the course of his employment when he was injured (183 Cal. Rptr. 3d 135 (Cal. Ct. App. 2015).)

At trial, plaintiff counsel argued that Wright’s injuries did not arise out of his employment or occur in the course of his employment. Additionally, counsel argued that the step constituted a dangerous condition of public property. The state argued several affirmative defenses, including lack of notice and financial feasibility, and asserted that Wright had been comparatively negligent and inattentive.

The jury awarded more than $1.31 million, finding the plaintiff 5 percent at fault.

Citation: Wright v. State, No. CIV 1200705 (Cal. Super. Ct. Marin Cnty. July 6, 2017).

Plaintiff counsel: AAJ members Anthony Label and Andje Medina, both of San Francisco.

Plaintiff experts: Michael Oechsel, orthopedic surgery, Lakespur, Calif.; Robert Johnson, economics, Los Gatos, Calif.; Thomas Yankowski, vocational rehabilitation, Walnut Creek, Calif.; Tracy Albee, life care planning, Tracy, Calif.; Lonnie Haughton, safety, Oakland, Calif.; and Robert Anderson, materials, Los Altos Hills, Calif.

Defense experts: Mark Cohen, economics, Walnut Creek, Calif.; and Carla Kelley, vocational rehabilitation, and David Atkin, orthopedic surgery, both of Oakland, Calif.