Enrique Hernandez, Maria Hernandez v. C. DeGroot & Sons, Quartaroli & Associates Inc., HCS Engineering, Siegfried Engineering Inc.
Published: Jul. 16, 2005 | Result Date: Mar. 2, 2005 | Filing Date: Jan. 1, 1900 |Case number: CV017461 Verdict – $6,095,410
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Jeffrey A. Silvia
(Law Office of Jeffrey A. Silvia)
Defendant
Experts
Plaintiff
Dale D. Pletcher
(technical)
Vincent P. Gallagher
(technical)
William Stock
(technical)
Peter Warner
(medical)
Eugene Van de Bittner Ph.D.
(technical)
Defendant
William R. Richardson
(technical)
Anthony J. Lopes
(technical)
Michael Quartaroli
(technical)
Andrew M. O'Brien
(technical)
David M. Bradshaw
(medical)
Mark A. Cohen
(technical)
Facts
Enrique Hernandez, a 34-year-old laborer, was working for Suprema West Inc., a cheese processor that had leased its processing facility from C. DeGroot & Sons. Suprema West directed Hernandez to clean the suspended ceiling of a blending room within the facility that C. DeGroot had built as a provision of the lease to Suprema West. Hernandez fell through the ceiling to the floor below, a distance of 10 to 12 feet.
Settlement Discussions
Hernandez demanded $2,595,414 for economic damages and $2,750,000 for noneconomic damages. Maria Hernandez demanded $750,000 for loss of consortium. C. DeGroot offered $500,000 and dismissal of the workers' compensation lien, raised to $1 million after the liability phase.
Specials in Evidence
$550,000 between $700,000 and $2 million $2 million for a life care plan
Injuries
Hernandez was rendered a paraplegic (ASIA L2). He was hospitalized for about six weeks and will be confined to a wheelchair for the remainder of his life. Hernandez's wife, Maria, filed a claim for loss of consortium.
Result
The jury found DeGroot 28 percent liable and non-party Suprema West 72 percent liable at the conclusion of the liability phase. Its award of $6,095,414 gross damages at the damages phase was adjusted to reflect percentages of liability, workers' compensation principals, prior undisclosed settlements and a formula for reducing the verdict. The net award was $2,953,719.
Other Information
DeGroot filed motions for new trial and judgment notwithstanding the verdict on the ground that the previous motions for nonsuit or directed verdict should have been granted.
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