Kimbark, et al. v. McCrary Construction Company, Horizon Street Metal Inc., Metal Deck Specialists Inc.
Published: Nov. 29, 2001 | Result Date: Oct. 4, 2001 | Filing Date: Jan. 1, 1900 |Case number: C9903893 Verdict – $1,171,800
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
William S. Ginsburg
(Berg Injury Lawyers)
Gregory G. Brown
(Brown & Charbonneau LLP)
Experts
Plaintiff
Gerald Fulghum
(technical)
Joanna Moss
(technical)
Defendant
Rick Siefert
(technical)
John L. Bobis
(technical)
Facts
On June 24, 1999, while working on the newly installed metal roof on a gymnasium project for the Orinda
Unified School District, the decedent lifted up a 4 x 8 piece of loose plywood that he failed to realize covered a
roof opening. He stepped forward and fell 33 feet to the concrete floor below, and he died several hours later.
The plaintiffs are the 13 and 17-year-old-sons of the decedent, a 40-year old journeyman carpenter.
Settlement Discussions
The defendants collectively offered $350,000; the plaintiffÆs last pre-trial demand was $1.2 million, with an indication that they would accept $1 million.
Damages
The plaintiffs contended that their fatherÆs death resulted in a loss of past and future financial support approximately $615,000.
Length
3.5 weeks
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