Confidential
Settlement – $3,000,000Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Ross E. Lampe
(Muro & Lampe Inc.)
Defendant
Experts
Plaintiff
John R. Manning
(technical)
William K. Hoddick M.D.
(medical)
David Janbaz
(medical)
Edward W. Karnes
(technical)
David Kilmer
(medical)
Alex B. Barchuk M.D., C.L.C.P.
(medical)
Brian C. Davis
(medical)
Kee Kim
(medical)
Defendant
Thomas J. Ayres Ph.D.
(technical)
William M. Jones
(technical)
Mark A. Cohen
(technical)
Raymond Merala M.S.
(technical)
David M. Bradshaw
(medical)
Gregory W. Sells
(technical)
Facts
Raymond Gomez, 46, was driving a water truck for Granite Construction Co. on Feb. 11, 2002. He had driven the 3,600 gallon truck beneath a stationary water tank on Granite Construction's premises in Sacramento to fill his truck's water tank. While filling the tank, he noted that the rubber boot, the flexible water delivery chute that connected the stationary tank spout to the opening atop the truck, appeared damaged. He climbed atop the truck to effect a repair. He walked along the driver's side past five feet of non-skid safety tape surface atop the truck onto the plain metal surface toward the fill dome opening atop the truck. After he repaired the damage, he crossed over toward the passenger's side to check his repair from that side. As he observed, he slipped and fell eight feet to the ground, suffering serious injuries.
Specials in Evidence
$725,000 $168,000 $721,000 (present cash value) $407,000
Damages
Elvira Gomez, a U.S. postal letter carrier who has been primarily responsible for her husband's care since the accident, filed a claim for loss of consortium. Granite Construction and Valley Forge Insurance Co. requested reimbursement for workers' compensation benefits paid to Gomez.
Injuries
Raymond Gomez is now a T12 ASIA Class A paraplegic. He underwent a posterior open reduction procedure and a T11-L1 arthrodesis and fusion.
Result
Motions for summary judgment filed by McLellan and Citi Capital were denied by Judge Thomas Cecil. After mediation conducted by Daniel Quinn, the Gomezes settled with McLellan Equipment for $2.15 million and with Citi Capital for $100,000. The intervenors also agreed to waive their lien of $950,000 and paid an additional $750,000 in exchange for a third-party compromise and release of the workers' compensation claim and the dismissal of a serious and willful claim filed against Granite Construction.
Other Information
Motions for summary judgment filed by RMC Pacific Materials against the plaintiff and Granite were granted. RMC recovered costs and some attorney fees (contract) against Granite.
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