The accident occurred at a gas station in Encino, California. Ken was a tanker-truck driver unloading gasoline at Defendantâ€™s gas station. The day of the accident was Kenâ€™s first actual delivery to that specific station.There is compelling evidence the location had not been properly maintained for years. Witnessâ€™ testified Defendants had previously placed warning signs on unsafe mechanical devices,utilizing sheets of paper written upon with black MagicÂ® markers. These signs would be periodically ripped off, torn and destroyed; the words would become illegible as gasoline was spilled on the surface. The frequency of application of these warning signs was haphazard at best.The evidence is clear the Defendants knew of the properties dangerous condition for years. Amazingly, Defendants never made the critically-needed repairs to the system prior to the accident.
On the date of the accident, Ken suffered major injuries to his left rotator cuff and left bicep tendon â€“excruciating and career-ending injuries resulting in two surgeries to date and necessitating two additional future surgeries.DEFENDANTS denied all liability and blame the entire accident on the victim of their negligence. I accepted representation in September 2011; for many reasons, the case dragged on and on. The defendants offered $8,000.00 in full and final settlement of the case during Mediation. A Los Angeles Superior Court jury awarded Ken $6,441,974.97.