Facts

Gustavo Melendez arrived at Carmen and Heliodoro Ramos' house on April 21, 2012 to help remove three large trees in the backyard. The Ramoses had hired Emelio Herrera, an unlicensed and uninsured contractor, to remove the trees, which were approximately 45 to 60 feet tall. Herrera had hired Melendez and Leonardo Sotado to assist as tree-cutters, providing them with some equipment, including a chainsaw and rope. Melendez used his own ladder. While working on the third tree, Melendez fell.

CLAIMANT'S CONTENTIONS:
Melendez filed a claim against the Ramoses, alleging negligent hiring and vicarious liability. He contended they were directly liable for hiring an unlicensed contractor as well as vicarious liable for Herrera's negligent conduct. Melendez further stated that the tree-cutting process involved Herrera first securing the rope to each tree. While Melendez was cutting the tree, Herrera and Sotado would pull the rope in the direction the tree was to fall. While cutting the third tree, the falling part of the tree struck Melendez in the chest, knocking him off the ladder.

RESPONDENT'S CONTENTIONS:
The Ramoses denied any liability, contending Herrera was liable for any injuries caused.

Injuries

Melendez sustained a humerus fracture as well as spinal injuries, undergoing intensive orthopedic surgery. He also sustained cervical and lumbar strains, as well as a shoulder strain.

Result

The parties reached a settlement for $182,500.