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Personal Injury
Wrongful Death
Construction Site Accident

Maria Pena, and as Guardian ad Litem for Ernestina Pena, et al. v. RJS & Associates Inc., JPI Westcoast Construction, et al.

Published: Mar. 29, 2005 | Result Date: Nov. 17, 2004 | Filing Date: Jan. 1, 1900 |

Case number: CIV423353 Verdict –  $6,853,280

Judge

Robert D. Foiles

Court

San Mateo Superior


Attorneys

Plaintiff

Russell L. Moore Jr.
(Riverside County Superior Court)


Defendant

Everett S. Hinchcliffe

James A. Sarrail
(Sarrail, Castillo & Hall, LLP)

Ivanka F. Ackbari


Experts

Plaintiff

Chris Hotz
(technical)

Daniel L. Goodman
(technical)

Robert W. Johnson CPA
(technical)

Defendant

Thomas A. Boster
(technical)

Daniel S. Daderian
(technical)

Roman R. Beyer
(technical)

Jay Mandell
(technical)

Robert P. Weatherton
(technical)

Mark A. Cohen
(technical)

Facts

Luis Sanchez was a construction laborer for a development project in San Mateo. On Sep. 12, 2001, Sanchez was struck on the head by a 30-ton concrete "boom" and died. His family sued JPI Westcoast Construction (the general contractor), RJS & Associates Inc. (the cement subcontractor), and CF&T and Available Concrete Pumping (the owner of the concrete pump rig and boom). The lawsuit alleged causes of action for wrongful death and negligence.

Settlement Discussions

The plaintiffs demanded $3 million. CF&T and Available Concrete Pumping offered $750,000; RJS & Associates and JPI Westcoast made no offer.

Specials in Evidence

The plaintiffs claimed that Sanchez earned $60,000 per year as a construction laborer.

Damages

The plaintiffs sought $9 million.

Deliberation

three days

Poll

various

Length

eight weeks


#85443

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