Date: 08-24-2001

Case Style: Gillum v. L & J Enterprises

Case Number: S-9669

Judge: Eastaugh

Court: Supreme Court of Alaska

Plaintiff's Attorney: Brett von Gemmingen, Anchorage, for Appellant.

Defendant's Attorney: Patrick J. McKay, Law Offices of Patrick J. McKay, Anchorage, for Appellee.

Description: Ronald Gillum suffered two industrial accidents. In the first, the descending door at a warehouse loading dock struck his head. Fifteen days later he fell from his semi-trailer. After Gillum sued the warehouse operator, a special master found the operator's negligence caused Gillum injury, found modest damages, and attributed forty percent of the responsibility to Gillum's negligence. The superior court accepted the findings and recommendations. We conclude that the special master did not clearly err (1) in finding that Gillum's warehouse head injury did not cause him to fall from his trailer and that Gillum was comparatively negligent; and (2) in discounting the testimony of Gillum's expert, having found factual inconsistencies between the expert's assumptions and Gillum's testimony.

II. FACTS AND PROCEEDINGS

Ronald Gillum was a truck driver who delivered a load of groceries to Paceco Warehouse in Seward on November 24, 1993. While Gillum was helping Paceco employees unload his truck, the loading dock door dropped and struck Gillum's head. The Paceco employees had propped the door open with a two-by-four that was dislodged during the unloading process. Gillum did not immediately recognize the severity of his injury, and continued to help unload the pallets of groceries. After unloading was complete, Gillum drove his semi-truck back to Anchorage, and told his supervisor of the accident. Later that night, Gillum drove to Soldotna, experiencing extreme vision and balance problems on the drive. A friend took Gillum to the Soldotna emergency room, where Gillum presented with complaints of headache and neck pain. At the emergency room, Gillum denied that he had been knocked out or knocked down when the door struck his head. He reported feeling unsteady when walking and noted that his left eye had been twitching since the head strike. The emergency room doctor instructed Gillum not to drive or work for forty-eight hours, and diagnosed mild neck strain and closed-head trauma with a mild concussion.

Gillum spent an active weekend in Soldotna dating, playing pool, and dancing; he returned to Anchorage one to three days later. He visited Dr. Clarence Little on November 29 for follow-up care and to obtain a release to return to work. Dr. Little found a small tender swollen area on the top of the scalp just anterior to the occipital region. Gillum complained of lightheadedness, diarrhea, and feeling off-balance. At Gillum's request, Dr. Little faxed a work release to Gillum's employer on December 2.

Gillum's second accident occurred on December 9 while he was in Glennallen. He fell to the ground either after he slipped from his semi-trailer, or after he blacked out while climbing up and over the trailer. Gillum made his way to the Crossroads Medical Center in Glennallen, where he was diagnosed with a concussion and discharged with instructions to be seen at the emergency room in Anchorage. At the Anchorage emergency room Gillum received medication and instructions to rest and follow up with Dr. Little.

Gillum saw Dr. Little on December 13 for follow-up treatment. Dr. Little recommended neurological evaluation. Gillum has since seen many physicians and neuropsychologists for his resulting disabilities.

Gillum sued Paceco, operator of the warehouse where the descending loading dock door struck his head. By agreement the parties tried the matter before a special master who found that this accident did not cause the majority of Gillum's current medical problems. Gillum objected to the special master's findings. The superior court approved the special master's findings and recommendations over Gillum's objections. This appeal follows.

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Click case caption above for the full text of the Court's opinion.

Outcome: Affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None