Trial Magazine

John Painter, 58, was an HVAC technician for Bailey’s Heating and Air. While working on a job at Western Telesis Corp., he stood on a fixed roof-access ladder attached to the company’s building. The ladder detached from the building, causing Painter to fall. He suffered severe injuries to his brain, right foot, and right hand, and he underwent three separate surgeries.

Painter, who was subsequently diagnosed as having PTSD and a traumatic brain injury, incurred medical expenses totaling more than $182,700. He had earned $60,000 annually but was unable to continue working as an HVAC technician. He began teaching in the HVAC field with difficulty.

Painter sued Sean Amin, the property owner, alleging that the ladder had been screwed to stucco and plywood but lacked a structural backing, in violation of relevant building code and safety regulations. The plaintiff asserted that the defendant was negligent per se and knew or should have known about the concealed dangerous condition. Suit also alleged that the defendant negligently provided defective equipment.

The jury awarded more than $12.34 million, apportioning fault at 70% to the defendant and 30% to nonparties.

Citation: Painter v. Amin, No. 9000704 (Cal. Super. Ct. Stanislaus Cnty. Oct. 3, 2023).

Plaintiff counsel: AAJ member Lawrence Knapp and Howard Knapp, both of Stockton, Calif.

Plaintiff expert: Patrick Kelley, engineering, Belmont, Calif.

Defense expert: Michael Jundt, engineering, Fresno, Calif.