Employee falls when ladder slips: Failure to properly brace ladder: Torn knee ligaments: Verdict

Law Reporter, Mar 2003

Employee falls when ladder slips: Failure to properly brace ladder: Torn knee ligaments: Verdict.

Silva v. Aspen Precision Techs., Inc., Cal., Sonoma County Super. Ct., No. 22458 5, June 26, 2002.

Silva, 38, was standing on an extension ladder while installing an air line. The owner of the premises had provided the ladder and ordered an employee to hold it. The ladder slipped, causing Silva to become entangled in the ladder. His knee hyperextended, resulting in the tearing of three ligaments. Silva will likely require a high tibial osteotomy, a total knee replacement, or both.

His medical expenses totaled about $56,600. He was earning $20 hourly at the time working as a plumber and missed nine months ofwork. He is now earning $26 hourly.

Silva sued the owner of the premises, alleging its employee either failed to properly brace the ladder or left his post.

A jury awarded plaintiff about $799,200.

Plaintiff's experts were Mack Quan, accident reconstruction, Santa Monica, Cal.; Geoffrey S. Tompkins, orthopedic surgery, Santa Rosa, Cal.; and Rick Susick, physical therapy, Petaluma, Cal.

Plaintiff's Counsel

*Brendan M. Kunkle, Santa Rosa, Cal.