Confidential
Settlement – $1,175,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Minh T. Nguyen
(Nguyen Theam Lawyers LLP )
Defendant
Facts
The plaintiffs are Jose and Yeni Portillo. The defendants are Duvar Inc., Duvar Apt. Inc., American Gunite Inc., Lehigh Inc., Fereydown and Merdad Houriani, Toy Factory Lofts, and Swinerton Builders Inc. In September 2003, plaintiff Jose worked as a construction worker for defendant American Gunite, Los Angeles. He was involved in a project to renovate a six-story commercial warehouse. Plaintiff Jose's supervisor told him to stand on a balcony and assist in moving 20-foot-long reinforced rebars by hand. Plaintiff Jose grabbed the first piece of rebar from a coworker. As he turned to place it through a window, the rebar touched a power line about 10 feet away. As a result, plaintiff Jose suffered third-degree burns.
Specials in Evidence
The plaintiff claimed $336,000 .
Damages
The plaintiff claimed an unspecified figure for pain and suffering. His wife claimed an unspecified figure for loss of consortium. Defendant American Gunite argued that if it was liable, plaintiff Jose's damages were his insurance agent's responsibility because it did not obtain workers compensation coverage. Thus, defendant American Gunite filed a cross-complaint against the insurance agent.
Injuries
Plaintiff Jose sustained third-degree burns to his chest and legs and had to have three skin graft operations. He was in the hospital for three weeks. He suffered permanent scarring on his chest.
Result
The parties settled for $1,175,000, with $1 million paid by the insurance agent, $125,000 paid jointly by defendants Toy Factory and Swinerton, and $50,000 by defendant American Gunite.
Poll
11-1 (on defendant's negligence); 12-0 (on plaintiff's negligence)
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390