Case Result

PREMISES LIABILITY

Dangerous Condition - Failure to Warn - Accidents

Laborer fell down 19-foot hole at construction project site

Mediated Settlement: $1,900,000

Case: Juan Munoz v. Good & Roberts Inc.,
Cement Cutting Inc., Pacific Rim Mechanical, No. GIC 855618

Court: Superior Court of San Diego County: San Diego, CA

Judge: Linda B. Quinn

Neutrals: Hon. Howard Weiner (mediator)

Date: 5/24/2007

Plaintiff Attorney(s): Andrew M. Stewart (lead), Law Offices of Andrew MacLaren Stewart APLC, San Diego, CA

Andre Rekte, Giradi & Keese, San Bernadino, CA

Defense Attorney(s): Ian R. Feldman, Clausen Miller PC, Irvine, CA (Cement Cutting Inc.)
Stanley L. Scarlett, Ford, Walker, Haggerty & Behar LLP, Long Beach, CA (Pacific Rim Mechanical)
Gregory D. Stephan, Grimm, Vranjes, McCormick & Graham LLP, San Diego, CA (Good & Roberts Inc.)

FACTS & ALLEGATIONS

On Aug. 5, 2005 at 5 p.m., plaintiff Juan Munoz, 44, a day laborer, was working on a large construction project on Sequence Drive in San Diego. Earlier, a 2.5-foot x 2.5-foot hole was cut out by either subcontractor Cement Cutting Inc., San Diego, or subcontractor Pacific Rim Mechanical, San Diego, so that an HVAC unit could be later dropped into the hole.

The hole was covered by a sheet of loose plywood. Munoz was looking for some plywood to make a ramp for a pushcart when he came across the wood covering the hole. He picked up the plywood and began to walk forward, falling 19 feet down the hole.

Claiming physical damages, Munoz sued Cement Cutting, Pacific Rim and general contractor Good & Roberts, Vista, for premises liability and negligence. Before trial, Pacific Rim was granted a motion for summary judgment.

Munoz claimed that the hole was not compliant with OSHA regulations, and that the three defendants were equally liable. The defense disputed the allegations with each defendant claiming that the other two defendants were jointly 100% liable.

The defense also claimed that Munoz' only legal remedy was workers' compensation. (Munoz countered that this was not a workers' compensation claim as he was a day laborer.)

Good & Roberts filed a cross complaint against Cement Cutting and Pacific Rim for indemnity and was an additional insured under their policies.

INJURIES/DAMAGES
elbow; fracture, elbow; fracture, pelvis; fracture, rib; fracture, vertebra; neurological impairment; pelvis

Munoz broke his pelvis, various ribs, his elbow and three vertebrae. He also sustained neurological injuries. Munoz was in the hospital for about 90 days, undergoing prosthetic elbow surgery, pelvis surgery, back surgery and three cleanup surgeries. We also did physical therapy for about eight months.

Munoz claimed about $240,000 in medical specials, adding $1 million in future medical expenses for chronic pain management. He also made an unspecified demand for pain and suffering.

RESULT

After two mediations, the case settled with Good & Roberts and Cement Curring agreeing to pay a global $1.9 million.

A complaint-in-intervention by the workers' compensation carrier for $250,000 was dismissed as part of the settlement.