Facts

Plaintiffs Roberto Galeano, 22, and Maximiliano Galeano, 32, worked as laborers for Dore Construction in an excavation project to build a multi-vehicle garage at an apartment building in San Francisco's Nob Hill. During excavation, workers carved into rock and soil. This exposed a wall with no vertical or horizontal support. On March 9, 2007, soil and a drain pipe collapsed on the plaintiffs. They were buried and suffered injuries.

The plaintiffs sued defendants Michael and Laurel Gothelf and the Gothelf Family Trust, owners of the property, the architect Jan Threlkeld AIA, the plumber Kavanaugh & Wilpitz Inc./Malcom Plumbing Co., and the cribbing contractor, Fisher Brothers House Moving Co.

PLAINTIFFS' CONTENTION: The plaintiffs claimed the defendants were responsible for the inadequate shoring and leaky plumbing, which caused the accident.

DEFENDANTS' CONTENTIONS:
The defendants claimed that they were not responsible for the shoring work, as it was Dore Construction that was responsible for the shoring work. Moreover, leaky plumbing did not contribute to the accident.

Specials in Evidence

Maximiliano Galeano sought $617,584 and Roberto Galeano sought $170,664; Maximiliano Galeano sought $9 million.

Injuries

Maximiliano Galeano sustained paraplegia of the lower extremities as a result of an L1 injury and a neurogenic bladder and bowel. His fusion surgery was unsuccessful during a four-month stay at the hospital. After, he underwent one year of rehabilitation and participated at an outpatient facility. He claimed he now needs a special car and apartment and in 10 years, he will require round-the-clock care. Roberto Galeano claimed decreased vision and hearing, neurological headaches, post-traumatic stress disorder, fractured jaw and eye socket, and a closed-head injury. He was taken to a hospital where he had surgery to repair his eye socket and jaw. He stayed there for three months. Also, he had root canals to prevent tooth loss. He recovered well except for residual hearing and vision problems.

Result

The plaintiffs settled with defendants for a total of $5,545,000, with the Gothelfs agreeing to pay $5.5 million, Kavanaugh & Wilpitz $25,000, Threlkeld $15,000, and Fisher Brothers $5,000.