Trial Magazine

Brian Warembourg, 30, worked as a flooring subcontractor. While finishing a flooring installation project, he plugged one of his 110-volt machines into an outlet on a temporary electrical box owned by Excel Electric, Inc., the electrical contractor for the project. The machine received no power, which led Warembourg to open the electrical box and toggle two of the circuit breakers from the “on” to the “off” position. As he turned off the second circuit breaker, he received an electrical shock. The current spread from his right hand to his left hand and to both feet.

As a result, Warembourg developed chronic pain. He underwent two surgeries and now requires pain medication and other medication for his condition. He had earned approximately $37,000 annually but now is unable to work. His past medical expenses were $338,000.

Warembourg sued Excel Electric, alleging it failed to test and properly install the electrical box, which, the plaintiff claimed, contained dangerous components and old breakers. The trial judge issued a spoliation sanction against Excel Electric for destroying the electrical box.

The jury awarded over $15.9 million.

Citation: Warembourg v. Excel Electric, Inc., No. 2017CV30891 (Colo. Dist. Ct. Boulder Cnty. Oct. 24, 2018).

Plaintiff counsel: AAJ member Kurt M. Zaner, AAJ member Sarah T. McEahern, and Joshua Yeager, all of Denver.