Facts

Conrad Banez, 26-year-old former Army Ranger and paratrooper, was working as a deck engineer for his employer, Tutor-Saliba Corp., when he was injured attempting to rescue a coworker who had been thrown into the water while working on a temporary platform near the Richmond-San Rafael Bridge in San Francisco. Banez made valiant efforts to save Miguel Rodriguez by taking a total of 13 breath-hold dives under the bridge, including one 54 feet down to the bottom of the bay. Despite hearing popping noises in his back and neck, Banez continued the rescue efforts, but to no avail, as Rodriguez eventually succumbed to his wounds.

PLAINTIFF'S CONTENTIONS:
Plaintiff, Banez, claimed Tutor-Saliba was liable for his injuries sustained while trying to rescue Rodriquez, and sued the corporation for damages under the Jones Act. He argued Tutor-Saliba's negligence led to the accident that resulted in Rodriquez falling into the bay, and that he was entitled to damages as a seaman, for his efforts to save his co-worker's life.

DEFENDANT'S CONTENTIONS:
After it lost a motion for summary judgment, Tutor-Saliba conceded Banez was a seaman under the Jones Act, that it has been negligent and that Banez was not liable for comparative negligence.

Specials in Evidence

Because Tutor-Saliba paid for Banez's medical bills up to trial, he was precluded from presenting past medical damages. Banez sought to recover $1.4 million in past and future lost wages. He argued he began training as a teacher upon learning he could no longer work as a seaman after the fusion surgeries. Banez argued he would potentially need $143,000 for future surgeries, as well as $12,000 for expenses for future counseling due to emotional distress.

Damages

Banez claimed unspecified damages for past and future pain and suffering, and it was indicated that a $3 million recovery would have been appropriate.

Injuries

Banez suffered lumbar and cervical spine injuries, and although he had preexisting problems, he claimed the strain and stress in his rescue efforts exacerbated the problems. He asserted that he now required two career-ending fusion surgeries after the rescue of his coworker.

Result

The jury found Tutor-Saliba was responsible for Banez's injuries and awarded him $456,000.

Other Information

Defense counsel argued that Banez's conditions were the result of pre-existing injuries sustained as a paratrooper in the Army, and that it was not until his attorney contacted one of his physicians that he decided to reveal that he had sustained injuries in the rescue attempt. Defense further argued that $250,000 was more of an appropriate award if it was found that the rescue attempt exacerbated his pre-existing injuries.

Poll

12-0 (on causation); 11-1 (on damages)