William Freeman, Albert Edward Silva III v. Opus West Corporation
Published: Nov. 26, 2002 | Result Date: Oct. 10, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV9918204 Verdict – $3,312,320
Judge
Court
Maricopa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Skip Heck
(medical)
Robert W. Kovacs
(medical)
Larry Stokes
(technical)
Saundra Butterbaugh
(technical)
Michael D. Butcher
(medical)
James Adkins
(medical)
Defendant
Dennis Abold
(technical)
Stephen G. Brown
(medical)
Facts
The suit arises from a construction site accident which occurred at approximately 3:00 p.m. on Oct. 21, 1997 at a
10-story high rise building project in Phoenix, Ariz. known as the "Cammelback Esplanade," located at 24th
Street and Camelback Road. The plaintiffs, William Freeman and Albert Edward Silva III, then 28 and 32
years old, respectively, both journeyman union caulkers, were in a two-man metal basket, used for suspending
construction workers from the roof of high rise buildings, and free fell approximately 5 to 6 feet and descended
an estimated total of 10 to 17 feet as a result of the failure of a concrete footing holding a "davit cage" (a metal
base component cast into the concrete roof) and the pole/arm assembly being used to suspend the basket. The
defendant Opus West Corporation had installed the defective davit cage. The plaintiffs were employed by
Valley Waterproofing as caulkers on the Esplanade tower. Valley Waterproofing was a subcontractor to
Walters & Wolf, the glass subcontractor to Opus West, the owner/developer and construction company that
had built the Esplanade tower.
Specifically, on Oct. 21, 1997, the plaintiffs were working on a suspended platform that was attached by
rigging to a roof system of anchorages and extension arms. They were caulking window joints below the fourth
floor balcony around the level of the second floor. The anchorage system (davit system) was manufactured by
Pro-Bel. The davit cage was installed into the concrete by Opus.
On Oct. 21, 1997, a davit system cage partially pulled out of its concrete casement and
the plaintiffs descended in their platform. As a result of the davit failure, the plaintiffs were
injured and received medical treatment.
Settlement Discussions
The defendant initially offered William Freeman approximately $20,000 and Albert and Jennifer Silva (combined) approximately $20,000 to settle the case in its entirety. The plaintiff FreemanÆs statutory demand was $350,000. The plaintiffs Albert and Jennifer SilvaÆs statutory demand was $350,000. The defendantÆs final offer of settlement on the eve of the trial was $50,000 for Freeman and $50,000 for Albert and Jennifer Silva collectively.
Specials in Evidence
$18,000 (William Freeman); $28,000 (Albert Edward Silva III) $722,781 (William Freeman); $655,395 (Albert Edward Silva III) estimated at $7,500 (William Freeman); $17,500 (Albert Edward Silva III)
Injuries
William Freeman suffered 5 mm right elbow laceration, residual right arm ulnar nerve damage (right handed), and chronic right shoulder blade pain. Albert Edward Silva III suffered a fractured tail bone and suffers from residual low back pain (min disc bulge at L5-S1) and post-traumatic headaches.
Other Information
William Freeman was awarded $1,405, 281; Albert Edward Silva III $1,857,041 and Jennifer Silva, $50,000. Zero comparative negligence.
Deliberation
1.5 day
Poll
6-2 (in favor of all plaintiffs)
Length
10 days
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