Facts

Juan Jose Cabrera filed suit against Western AG & Turf, Inc. and Ismael Gonzalezpaz in relation to an incident on February 22, 2017, in which a bundle of irrigation piping fell onto him.

PLAINTIFF'S CONTENTIONS: Cabrera contended that he delivered irrigation piping to Western at an empty field in Madera, and Western's employee, Gonzalezpaz, used a forklift to help him remove the piping from his truck. Cabrera claimed that when he parked at the field, he exited his truck to detach his trailer from the truck in preparation for unloading the piping. Cabrera alleged that as he was detaching the trailer, Gonzalezpaz attempted to unload a bundle of piping with the forklift, but the roughly 1,200 pound bundle fell and landed on Cabrera, causing injuries. Cabrera asserted that Gonzalezpaz was negligent in removing the piping from the trailer and Western was vicariously liable as Gonzalezpaz's employer. Specifically, Cabrera alleged that Gonzalezpaz did not warn or notify Cabrera that he was going to begin unloading piping from the trailer, and the forklift's forks were not properly positioned, which led to the bundle falling.

DEFENDANTS' CONTENTIONS: Western and Gonzalezpaz filed cross-claims against Pacific Plastics Inc., which loaded the piping onto Cabrera's trailer, and Domingo Barcenas, Cabrera's employer, seeking indemnification. Gonzalezpaz claimed he told Cabrera that he was going to being unloading the piping, and Cabrera was standing in an improper location.

Damages

Cabrera sought past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Specifically, Cabrera sought $75,686.79 in past medical expesnes and over $200,000 in future lost earnings.

Injuries

Cabrera was diagnosed with a numerous fractured vertebrae, a dislocated right hip, a left ankle fracture, and fractures of his left distal fibula and left tibial plateau. Cabrera also suffered head injuries, an intestine contusion, rib fractures, and a Lisfranc injury of his left foot. Cabrera underwent surgeries on his left foot, right hip, and back to repair his injuries. Cabrera alleged that due to his injuries he suffers from pain and numbness in his left leg, weakness in his right hip, decreased range of motion in his neck, difficulty sleeping, hearing loss, ejaculation problems, cognitive deficiencies, short-term memory problems, anger issues, vertigo, depression, anxiety, and emotional distress. Further, Cabrera claimed he can no longer work and rarely socializes with non-family members. Cabrera alleged he would require pain management and psychiatric care for the rest of his life, further surgeries and procedures, and installation of medical equipment in and around his house for his aid.

Result

The parties agreed to a $3 million settlement, with the insurer for Western and Gonzalezpaz paying $2.9 million and the insurer for Pacific Plastics paying $100,000.