Independent contractor falls off platform while giving a tour. $1.68M. Los Angeles County.

Facts and Background

• Facts and Background:

  On November 6, 2014, plaintiff Edward Harry was working as a site representative at the infamous Sheats-Goldstein house owned by self-described fashion icon and NBA superfan, James Goldstein. The property is known for hosting large events, photo shoots, and has been used in several movie shoots such as The Big Lebowski.

  Defendant Goldstein required site representatives be present to protect his house from damage and to give tours of the property to guests. The site reps were independent contractors. On the night of the incident, plaintiff was giving tours to guests of the property as he had done many times in the past. Part of the tour required him to stand on an unguarded cantilevered platform that stuck out over the hillside of defendant Goldstein's property. The platform did not have a guardrail system around it, and was dimly lit, making it difficult to see the edges of the platform at night. Nevertheless, plaintiff testified that he knew about the risk of falling off the platform, and had been on the platform more than 250 times before the incident. During the final tour of the evening, the group of guests grew larger than expected and began to crowd the platform where plaintiff was standing. Despite efforts to have the crowd back up, plaintiff ultimately stepped off of the platform edge and fell onto his back. The fall caused plaintiff to sustain three transverse process fractures to his lower back. The fractures did not impact any aspect of spinal cord or nerve bundles.

  Following the incident, plaintiff was taken to the hospital and released after several hours. He followed up with an orthopedic spine surgeon who monitored his condition, hoping that the fractures would heal and the pain would subside with physical therapy. Unfortunately, the pain persisted and plaintiff was referred to a pain management specialist who ultimately diagnosed plaintiff with "chronic pain syndrome." From 2016 to the present, plaintiff has received injection therapy to control the pain. Plaintiff is not a surgical candidate. His future treatment recommendation consists of conservative pain management, anti-inflammatory medications, physical therapy, and injection therapy.

• Plaintiff's Contentions:

  That the Los Angeles Building Code required the subject platform to be equipped with a guardrail system since the drop off exceeded 30 inches. Also, that the lighting around the platform fell below the minimum requirements set forth by the applicable building codes. Plaintiff's safety expert testified that defendant Goldstein's property did not comply with the appropriate building codes and that there was no evidence that defendant Goldstein ever obtained a permit for the construction of the platform. As such, plaintiff contended that the platform was a dangerous condition.

  With respect to plaintiff's injuries, plaintiff contended that he developed chronic pain syndrome as a result of the fall and will continue to suffer from pain and discomfort in his lower back.

• Defendant's Contentions:

  That plaintiff was responsible for his own injuries since he had been on the subject platform many times in the past and knew about the dangers associated with the platform. Further, that it was not unreasonable for defendant Goldstein to omit a guardrail system around the subject platform because defendant used alternative means to keep guests away from the edges. In addition, that the subject platform was considered a work of art.

  With respect to plaintiff's injuries, defendant Goldstein contended that the medical treatment received by plaintiff was unnecessary and the associated medical bills were unreasonably high.