Natalie Tenaud, et al. v. State of California, California Dept. of Transportation
Published: Jul. 19, 2024 | Result Date: Jun. 5, 2024 | Filing Date: Nov. 18, 2021 |Case number: 21STCV42547 Settlement – $3,800,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Joshua H. Haffner
(Haffner Law PC)
Vahan Mikayelyan
(Haffner Law PC)
Defendant
Benjamin L. Goldstein
(Hosp, Gilbert & Bergsten)
Robert T. Bergsten
(Hosp, Gilbert & Bergsten)
Facts
Plaintiffs brought a wrongful death action against defendant Caltrans for the death of plaintiffs' husband and father, Bryant Aguilar. Caltrans was building an equipment repair facility at 14044 Freeway Dr., Santa Fe Springs, CA, 90670, and Aguilar was an employee of the general contractor Caltrans retained for the project. On June 25, 2021, while working on the roof of Caltrans building under construction, Aguilar, slipped, fell off the roof, and perished.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Caltrans exercised control over the project in a manner that affirmatively contributed to the accident.
DEFENDANT'S CONTENTIONS: Defendant contended that the Privette doctrine barred this action because it delegated control over the construction of the project to decedent's employer.
Settlement Discussions
The case settled following a second mediation, after defendant's motion for summary judgment based on the Privette doctrine was denied.
Damages
Plaintiffs, the wife and decedent's two minor children, sued for wrongful death damages.
Result
Settlement for total of $3.8 million allocated as follows: $1.8 for wife, Natalie Tenaud; $1 million for minor child, Breanne Rose Aguilar; and $1 million for minor child, Stevie Brynn Aguilar.
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