Facts

Plaintiffs Joaquin Gonzalez and Obadiah Williams worked for a demolition company that was removing an 11x17 foot section of the 3rd floor of a high-rise building. The saw man, who also worked for the demolition company, testified in his deposition that the project manager for GCI Inc. told him to saw through both the concrete and the metal pandeck, which held up the concrete on one of the 11-foot sections, but that he himself mistakenly cut through the pandeck on the 17-foot sections.

The saw man and the plaintiffs testified that the GCI project manager told them to hurry up. While the plaintiffs were jack hammering out the concrete, they fell to the floor below.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the section being removed should have been shored up from the floor below by GCI. The plaintiffs asserted that, despite the GCI project manager's deposition, he did in fact order the saw man to saw through the metal pandeck and did tell demolition employees to hurry up.

DEFENDANT'S CONTENTIONS:
GCI denied that shoring was required, but that even if it was, it would have been the responsibility of the demolition company as part of its duty to provide safety for its employees, that would at most have been passive negligence, which GCI was not liable for under Hooker v. Department of Transportation, 27 Cal.4th 198 (200) and cases following Hooker. The defense argued that was the reason the court did not cite failure to shore up as one of the bases for denial of its motion for summary judgment. In his deposition, the GCI project manager denied that he directed the saw man to saw through the metal pandeck on one of the 11-foot sides or that he told the demolition employees to hurry up. The project manager further claimed that even if he had directed the pandeck to be cut on the 11-foot side, it would not have caused the floor to collapse.

Injuries

Gonzalez lost his arm above the elbow and had other internal injuries, which have largely healed. Williams suffered a torn rotator cuff, that required surgery, and neck and back pain, which persists.

Result

The case settled through mediation before Hon. Alfred Chiantelli of ADR Services Inc. GCI (insured by Zurich, as an additional named insured under the demolition company's policy) paid $150,000 to Williams, and the workers' compensation carrier waived its lien as part of its concurrent settlement of his workers' compensation claim. GCI paid Gonzalez $1 million. The workers' compensation carrier will be seeking a credit in his workers' compensation case. Gonzalez's litigation counsel and workers' compensation counsel expect none to be granted, in light of the predominant employer negligence.

Other Information

The plaintiffs prevailed on GCI's summary judgment motion. The court cited the testimony of the demolition company employees about hurrying up and cutting the pandeck on one of the 11-foot sections, but not the failure to shore up. FILING DATE: Dec. 13, 2007.