Jose Bonilla v. ICM Resources Inc., L&F Roofing
Published: Feb. 8, 2001 | Result Date: Dec. 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC223389 Verdict – $3,279,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Raymond G. Schultz
(technical)
Allen Jacoby
(technical)
Roberta Mann
(medical)
Elena Konstat
(medical)
Defendant
Kenneth Ferra
(technical)
Michel F. Brones
(medical)
Robert E. Gonzales
(technical)
Marcel O. Ponton Ph.D.
(medical)
Facts
Plaintiff Jose Bonilla, 32, was employed by L&F Roofing as a roofing assistant. L&F Roofing was hired by ICM
Resources Inc. under contract to re-roof an apartment building that it managed. L&F Roofing supplied a
photocopy of a workerÆs compensation letter which purported to show that it had workerÆs compensation
insurance to cover the roofing job. The workerÆs compensation insurance was actually in someone elseÆs name
and had been canceled. The roofing contractor also provided a contractorÆs license number which was in
someone elseÆs name. The hiring party allegedly knew this at the time of the contract but proceeded
nevertheless.
The plaintiff was the kettleman and occasionally would go on the roof to remove debris. On June 18, 1999, he
was asked by a co-worker to fetch two buckets of hot asphalt. As he was carrying the two buckets of hot
asphalt and walking across the roof, he either tripped or he stepped in previously applied asphalt that caused
his foot to stick. He lost his balance, spilling the two buckets of hot asphalt and then falling into the pool of
roofing materials. The plaintiff was not wearing gloves or a long-sleeved shirt.
The defendant contended that no conveyance was provided to wheel the hot asphalt
from one side of the roof to the other because the ventilation pipes and air conditioning units
prevented the use of such a conveyance.
Settlement Discussions
The plaintiff demanded $1.5 million. The defendant offered $250,000.
Specials in Evidence
$311,000 $18,900 $105,700 $276,000
Injuries
The plaintiff sustained third degree burns to 25 percent of his body, requiring two surgeries. He has hypertrophic scarring and several contractures that require further surgery. The plaintiff also suffered psychological injury.
Other Information
The court found that ICM was judicially estopped from asserting at trial workerÆs compensation as a bar because of its own actions. The defendant indicated that it would appeal the jurisdiction issue, among others, before the trial began. Henry Lisenbee was in pro per for L&F Roofing.
Deliberation
two days
Poll
11-1 (the jury found that ICM Resources waived its right to raise workers' compensation as a bar with no instructions on the issue)
Length
10 days
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