$8.9 million settlement -- Our client v. J&M, Inc.; Classic Blues Water Trucks and Francisco Vigil $8.9 million settlement for a 21-year-old college student from Pleasanton, California who lost his leg in a construction accident. While working a summer job with Mountain Cascade, Inc. ("MCI") construction company out of Livermore, California, our client stood behind a MCI water truck... Read More
Our client v. Barry Swenson Builders et al.
Our client was a plasterer for an independent contractor working on an apartment complex in San Jose. Barry Swenson Builders was the general contractor. The general contractor had the responsibility of guarding the door openings with wooden barriers. Our client was working on the 3rd floor of the unfinished building when he fell against the top wooden guardrail of a door opening. In fact, both of the guardrails protecting the doorway opening freely came out of the wall and he fell more than 20 feet to a concrete floor below suffering major injuries to his head, shoulder, back and knees. It was determined that the nails affixing the guardrails were insufficiently long and the top guardrail was of inadequate size. Our client was left with chronic pain in all of the areas and was unable to return to work. This case settled for a confidential sum.
Echols v. Omark Industries.
This was a wrongful death/products liability construction case involving a construction worker in his late 50's who was using an Omark, Model 330G nail or stud gun (aka a powder actuated tool) to nail something to the ceiling. He was standing on a scaffold to gain access to the ceiling. He had the guard of the stud gun in the full offset position. He pulled the trigger and a nail penetrated the cement ceiling and "fish hooked" out beyond the coverage of the offset guard and hit him in the head. The nail lodged in his skull, he lost his balance and fell about 20 feet to the cement floor below. This resulted in his immediate death. After extensive discovery Omark Industries settled the case for a confidential sum.
Our Clients v. John N. Petersen, Inc., James DenBeste and Jim DenBeste Trucking
$2.265 million settlement in a wrongful death case in Sonoma County for the surviving wife and adult son of a 56-year-old Caltrans construction inspector who was backed over by a dump truck at a highway construction project just outside Willits. » Read More
$1,200,000 Settlement -- Lopez v. Hercules Powder Company et al.
This was another construction site accident at the abandoned Hercules Powder plant in Hercules, California. Our client was using an acetyline torch for demolition work. He was trying to cut a large metal cylinder in half and he decided to do so longitudinally. He started at one end and just as he got to the opposite end, the cylinder split open and the hot metal close to him fell against his leg crushing it and burning it. This resulted in a below the knee amputation of his leg. The defense position was that Mr. Lopez foolishly cut the cylinder making it obvious to him that it would split as the cut was nearly accomplished. After an extensive settlement conference, the case settled for $1,200,000.
$750,000 Mediation Settlement -- Olmedo v. Hercules Powder Company et al.
This was a construction sight accident involving the demolition of a tall metal tower in Hercules, California. Our client was using an acetyline torch to cut the legs of the tower and calculated that the tower would fall in a direction away from his body. Unfortunately, he miscalculated and the tower started to twist and fall in his direction. He tried to outrun it but he could not and luckily most of his body was spared as an opening on the tower fell on him. The impact caused serious fractures and lacerations to his major arm requiring multiple surgeries and residual scarring. The defense argued that the entire incident was the fault of Mr. Olmedo for not properly planning where the tower would fall. The case settled at mediation for $750,000.