Facts

Defendant Jose Molina, a property owner, retained Santiago Garcia to paint his two-story apartment building. Garcia brought plaintiff Oscar Lemus, a 42-year-old painter, to provide assistance. Molina denied ever paying the plaintiff directly for his services.

While the plaintiff was painting the roof trim and eaves of the apartment building, one of the eaves broke and he fell about 20 feet to the ground. The plaintiff was not provided with any fall preventative measures.

CONTENTIONS:
Because Molina had allowed his insurance coverage to lapse, the plaintiff brought a civil action against him under Labor Code Section 3706. Molina raised the independent contractor defense. He argued the plaintiff was Garcia's employee, that Garcia was an independent contractor, and that he could not be held responsible for plaintiff's injuries and damages.

Damages

The plaintiff claimed damages of $1 million.

Injuries

The plaintiff suffered a fractured right arm and left wrist resulting in loss of range of motion, grip strength and diminished sensation. He also suffered a closed head trauma that caused post-traumatic headaches. His remaining injuries included decreased motion of facial muscles, facial numbness, decreased taste and smell, depression and anxiety.

Result

After a bench trial, judgment was entered for plaintiff. He was awarded $768,015. Since the judgment, Molina has transferred the title to his properties and did not file an appeal. The plaintiff is preparing to pursue Molina's assets.