Confidential
Settlement – $2,350,000Facts
The plaintiff, an undocumented Mexican national, while working as a warehouseman, fell several feet and struck his head. He incurred a traumatic brain injury and hemiparesis. His wife sued for loss of consortium. All parties agreed that the plaintiff's recollection of the event was unreliable. One witness stated that she came on to the scene, after the plaintiff fell, and that he was at the base of a scaffolding. The scaffolding was owned or controlled by the owner of the building. The employer stated that the plaintiff did not fall from the scaffolding but fell climbing on pallets. The employer did not have workers' compensation insurance. The plaintiff sued the employer, claiming the benefits of Labor Code Section 3708 (employer presumed negligent). The plaintiff also sued the building owner alleging negligence in the placement of the scaffolding as a nuisance. The employer sued the insurance broker for failing to obtain worker's compensation insurance for him.
Settlement Discussions
The case settled for $2,350,000. $1,900,000 was paid by the errors and omissions carrier for the insurance broker. The employer was judgment proof. The insurance carrier for the owner of the building paid $425,000.
Other Information
The mediator was retired Judge Mark Eaton of ADR Services.
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