Facts

On Aug. 11, 2012, a number of contractors were engaged in the erecting of a steel canopy at a Metro Station located on Hill St. between Temple St. and First St. in Los Angeles. Plaintiff Aissa Chelbab, an ironworker, was adjusting a shoring jack. While adjusting the shoring jack, the jack failed, causing a portion of the steel canopy to collapse onto plaintiff, crushing his body and fracturing his skull in several places.

PLAINTIFFS' CONTENTIONS:
The steel canopy was designed and manufactured by George Jue Manufacturing Co. Inc. and during erection was supported by a shoring system. Plaintiff claimed he was directed by defendant George Jue Manufacturing to adjust a shoring jack because various pieces of the structure were not fitting together. Plaintiff claimed that defendant negligently designed and manufactured the shoring jack to have an articulating head, allowing it to easily rotate. When plaintiff was directed by defendant to adjust the shoring, the articulating head was sheared from the rest of the jack, causing the canopy's collapse.

In addition, plaintiff claimed, defendant negligently designed and manufactured the canopy as a whole because the canopy pieces were incorrect sizes and unable to fit together at the job site. Moreover, the principal of George Jue Manufacturing held himself out to be an engineer when he in fact was not, and failed to notice the imminent collapse of the steel canopy due to the repeated failures of defendant in the manufacture, design, and erection plan for the canopy. The canopy crushed plaintiff, pinning his head and body between the scaffolding and the steel, resulting in severe, permanent, and life-altering injuries.

DEFENDANT'S CONTENTIONS:
The project general contractor, Griffith Co., subcontracted with George Jue Manufacturing to fabricate the steel canopy for the Los Angeles Metropolitan Transit Authority project. This installation was the second of a series of canopy installations. The first installation occurred without any issues. George Jue Manufacturing hired United Riggers & Erectors as a subcontractor to erect the canopies.

Chelbab was a journeyman ironworker employed by United Riggers & Erectors. George Jue Manufacturing contended that the shoring system was adequate, as evidenced by the successful first installation. Defendants contended the collapse occurred because of the failure of United Riggers & Erectors, plaintiff's employer, to follow the proper erection sequence and to properly weld the pieces into place. Specifically, United Riggers & Erectors directed its employees to install all rafters before the strut braces, which caused the canopy to sag such that the bolt holes were not aligning. Additionally, the MTA and Griffith Co., who were supervising the installation, altered the location of a portion of the shoring system and failed to recognize that United Riggers & Erectors was erecting the canopy out of sequence. If plaintiff's employer, the MTA, or Griffith recognized this risk, the project should have immediately been halted and the accident would have been prevented. George Jue Manufacturing contended that the collapse resulted from plaintiff's improper attempt to adjust the shoring system by hitting the screw jack assembly with a sledgehammer. George Jue Manufacturing denied that it directed Chelbab to adjust the shoring jack, denied that its principal held himself out to be an engineer, and denied that it designed and manufactured the shoring system. Plaintiff was being directed by his employer and was in an unsafe location under the canopy when he struck the jack with the sledgehammer, causing the collapse.

Damages

Plaintiff Aissa Chelbab claimed total permanent disability. Plaintiff Nidia Chelbab claimed loss of consortium.

Injuries

Plaintiff sustained a subdural hematoma, intracranial hemorrhage, multiple skull fractures, a thoracic fracture, and numerous other fractures throughout his body, pneumothorax, and cranial nerve six palsy that causes him to suffer from the most severe form of diplopia, which cannot be corrected or improved with surgery.

Result

The case settled for $7,450,000.

Other Information

Plaintiff's employers' worker's compensation lien was included within this settlement. FILING DATE: Aug. 2, 2013.