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Personal Injury
Construction Accident
Negligence

Jesus Becerra, Lidia Becerra v. Jonce Thomas Construction Co.

Published: Jan. 19, 2005 | Result Date: Apr. 28, 2004 | Filing Date: Jan. 1, 1900 |

Case number: CGC02408229 Verdict –  $1,151,460

Judge

Donald M. Mitchel

Court

San Francisco Superior


Attorneys

Plaintiff

Morgan C. Smith

Jonathan E. Davis
(Arns Davis Law)


Defendant

Brian Shannon

Howard L. Churchill


Facts

Plaintiff Jesus Becerra was a construction laborer on a housing project in San Francisco. Defendant Jonce Thomas Construction Co. was the subcontractor responsible for the roofing. In October 2001, defendant's employee failed to cover a hole that had been partially cut in the roof. As a result, the hole created a trap door in the plywood. The plaintiff's job was to clean and sweep the roof. While doing so, he stepped on the partially-cut hole, which immediately collapsed. Although he was able to climb out of the hole, the plaintiff suffered injuries. The plaintiff sued the defendant for negligence and negligence per se.

Injuries

The plaintiff suffered a bulging disc, a muscle tear and a deformity of the spine. He alleged constant pain and a limited range of motion.

Other Information

Jonce Thomas Construction's motion for new trial was denied. Judge Mitchel awarded Becerra costs of $22,532 and attorney fees of $151,804. This made a net judgment of $987,616. Judge Mitchel awarded prejudgment interest of $163,846, which made a total net judgment of $1,151,462.

Deliberation

2.5 days

Length

three weeks


#114326

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