Facts

Plaintiff Enrique Galaviz, a day laborer, fell off a roof at a residential construction project. Plaintiff filed suit against his employer, Rivera Hauling Inc.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was responsible for hiring plaintiff. Plaintiff claimed defendant owed a duty to him to ensure that the job site was safe, including the supplying of fall protection, which would have prevented his injuries.

DEFENDANT'S CONTENTIONS: Rivera Hauling disputed liability and denied that it played any role in Galaviz being on the job, was unaware that he was even there, and owed him no duty whatsoever as to the safety of the working conditions. It further contended that the owner(s)/general contractor(s) dismissed prior to trial were the responsible parties.

Rivera Hauling was permitted by the court to present evidence that these defendants settled with the plaintiff and were dismissed following a settlement even though they were dismissed for a cost waiver as they had no insurance.

Settlement Discussions

Plaintiff sought over $1 million in closing arguments. The last settlement demand was $400,000 and the last offer was $200,000.

Injuries

Plaintiff broke his left leg (compound fracture with the bone protruding from the skin) and right foot, both of which required surgical intervention including the placement of hardware. In addition to his left leg and right foot fractures, plaintiff also sustained a compression fracture to his back. He was hospitalized and then admitted to an inpatient rehabilitation facility for approximately three months. Plaintiff's medical expert testified that plaintiff would require a two future surgeries including a fusion surgery to the foot.

Result

Defense verdict in favor of defendant Rivera Hauling.

Deliberation

30 minutes

Length

nine days