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Personal Injury
Premises Liability
Negligence

Antonio Herrera v. Michael Boulos

Published: May 27, 2022 | Result Date: Mar. 17, 2022 | Filing Date: Jan. 11, 2022 |

Case number: 30-2022-01240213-CU-PO-WJC Settlement –  $2,300,000

Judge

Richard Y. Lee

Court

Orange County Superior Court


Attorneys

Plaintiff

Daniel J. Rafii
(Rafii & Associates PC)


Facts

On Jan. 15, 2020 at 2 p.m., plaintiff was injured after falling from a ladder while trying to trim a tall tree located on the residential home of defendant in Fullerton. Defendant knew plaintiff was an unlicensed contractor yet still asked if he could trim the tall trees on his property. Defendant at no time provided plaintiff with training, safety equipment or specific directions on how to trim the tall trees. Instead, defendant provided plaintiff a ladder covered in wire and missing the proper rubber base grips. Defendant, however, insisted that the ladder was safe to use. Trusting defendant's word, plaintiff proceeded to climb the ladder provided to him to trim a tall tree. While trimming said tree, the ladder slid, which caused plaintiff to lose balance and plummet fifteen to the concrete ground. Plaintiff lost consciousness and awoke a few hours later in the hospital.

Injuries

Due to the severity of the fall, plaintiff suffered a traumatic brain injury causing atrophy of the frontal lobes and cingulate, numerous fractured ribs, a pulmonary contusion, cervical and lumber spine disc protrusions, requiring surgical intervention.

Result

The case settled for $2.3 million.


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