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Personal Injury
Worksite Accident
OSHA

Benjamin Silva v. John Morrison Inc.

Published: Mar. 10, 2012 | Result Date: Feb. 23, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG08-403586 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

John E. Hill
(Law Office of John E. Hill)


Defendant

William S. Kronenberg
(Kronenberg Law PC)


Experts

Plaintiff

Gerald Fulghum
(technical)

Defendant

John Morrison
(technical)

Facts

John Morrison Inc., an electrical engineering firm, had been hired by the owner of a large commercial building in Richmond to perform remodeling for a future tenant. Plaintiff Benjamin Silva worked for a sub-contractor hired to demolish much of the 51,000 square foot interior.

Silva received an electrical shock and fell from a height sustaining serious head injuries including a subdural hematoma, and underwent multiple surgeries including a craniotomy.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that John Morrison Inc. failed to de-energize the area of the building to be demolished and violated OSHA safety requirements.

DEFENDANT'S CONTENTIONS:
Defendant contended that it properly de-energized the building and met all OSHA requirements. Defendant claimed that plaintiff sustained the electrical shock as a result of his use of a power tool or his employer's generator.

Result

Defense verdict.

Other Information

FILING DATE: Aug. 12, 2008.

Deliberation

two hours

Poll

12-0

Length

eight days


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