On April 21, 2004, plaintiff Nancy Gans, a 50-year-old operating engineer, was operating a temporary elevator lift at a construction site as workers were loading a stack of sheetrock into the lift. The sheetrock was supplied and delivered by Alta Building Material Corp., Anaheim, which was being transported on a dolly that manufactured by Roll Rite Corp., Hayward. Gans was holding open the door to the lift so that her co-workers could transport the sheetrock when the load fell on her.Gans sued Roll Rite on a products liability theory, claiming design defect, and Alta Building Material, for negligently packaging the sheetrock. Plaintiff’s counsel alleged that the caster wheel on the dolly had a design defect that caused the sheetrock to slide off of the dolly. The dolly would have been able to support the load had it not been for the defective caster wheel that Roll Rite installed on it. Plaintiff’s counsel contended that the wheel was not designed with enough strength, according to the plaintiff’s metallurgy expert.Plaintiff’s counsel further alleged that Alta Building Material negligently packed the sheetrock, prior to shipping it to the job site, and it failed to comply with ANSI or CAL OSHA standards.Defense counsel argued that Gans was liable for the collision because she had placed herself in harms way when she was holding the door open for her co-workers. Counsel further argued that the caster wheel was not defective and that the sheet rock packaging met with the custom and practice of the industry.
Gans was taken to the hospital where she was diagnosed with severe bruising along her left leg that eventually led to excision that required skin grafting. Plaintiff’s counsel claimed that Gans also sustained a frozen knee, post-traumatic stress disorder and lymphedema. Plaintiff’s counsel presented $67,000 in past medical bills and suggested that Gans would require an unspecified amount in damages for future medical treatment and ongoing assistance and services.
Plaintiff’s counsel also argued that Gans would never be able to work in any capacity for the remainder of her life. She sought $160,000 in past lost wages and $1 million in future lost wages.
Defense counsel contested the extent of Gans’ injuries, arguing that she would eventually be able to work in a different field. The defense also contested that she had suffered from traumatically induced lymphedema, referencing a court-ordered lymphedema test that contradicted plaintiff counsel’s assertions that she had contracted the disease.
A second mediation at JAMS before Michael Ornstill yielded a $1,961,000 settlement between all of the involved parties whereby Roll Rite agreed to pay Gans $647,130 and Alta Building Material agreed to pay $1,313,870.