Facts

Plaintiff Allan Reyna sustained a fall from a residential roof during the course of an unpermitted demolition and re-reroofing operation in San Mateo which was overseen by unlicensed contractors hired by the property owners. Plaintiff was hired under several layers of unlicensed subcontractors which was each a link in the chain responsible for providing labor at the worksite.

Despite the presence of several laborers and deliverymen, no one testified to have witnessed plaintiff's fall from the roof.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted that the property owner was his employer since the homeowner hired unlicensed contractors to do the roofing work. Further, plaintiff asserted that the homeowner employer was uninsured and therefore liable for all damages from the incident as an uninsured employer.

DEFENDANT'S CONTENTIONS: Defendants contested liability and argued that plaintiff was the cause of the incident.

Injuries

Plaintiff suffered bifrontal and bitemporal hemorrhagic contusions with subarachnoid hemorrhage and likely bifrontal subdural hemorrhage; axonal injury; multifocal intraparenchymal hemorrhagic contusions in both frontal and temporal and the right parieto-occipital lobes causing mass effect and effacement of the anterior horn of the right lateral ventricle. Plaintiff also suffered nondisplaced fractures of the posterior right ninth, tenth and twelfth ribs, and anterior lateral right fifth and sixth ribs; mildly displaced L2-4 right transverse process fractures; mildly displaced left scapular fracture; collapsed right lung and mild pulmonary edema; bilateral lung consolidation; deep vein thrombosis; and epilepsy. Plaintiff claimed a lifetime of earnings loss and medical care.

Result

Plaintiff obtained a gross sum of $1,651,500, which included a policy-limits payment by the property owner of $1,300,000.

Other Information

Plaintiff's forensic investigation was able to recreate the fall in a manner that was consistent with the physical evidence documented by law enforcement and which supported a favorable liability argument.