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Personal Injury
Premises Liability
Construction Site Accident

Eric Jonkey v. Carignan Construction Co., Enrique A. Cruz Masonry Inc.

Published: Sep. 28, 2004 | Result Date: Jun. 14, 2004 | Filing Date: Jan. 1, 1900 |

Case number: SC035835 Verdict –  $0

Judge

Charles R. McGrath

Court

Ventura Superior


Attorneys

Plaintiff

Morse Taylor


Defendant

Keith D. Taylor


Experts

Plaintiff

Richard B. Chambers
(medical)

David A. Stern
(technical)

Andrew L. Hunt
(technical)

Defendant

Jack Moshein
(medical)

Peter G. Toghia
(Toghia Construction) (technical)

Edward L. Workman
(technical)

Facts

On Jan. 17, 2003, at the Silver Star Cadillac Dealership in Thousand Oaks, plaintiff Eric Jonkey, 54, was walking from a construction trailer towards a building under construction. He was struck by a scaffold plank being disassembled by the defendant Enrique A. Cruz Masonry Inc., the masonry subcontractor on the job. The plaintiff sued Enrique A. Cruz Masonry for negligence and also the general contractor, Carignan Construction for negligence.

Settlement Discussions

The plaintiff demanded $500,000; the defendants offered a waiver of $59,000 workers' compensation lien with $100,000 new money to the plaintiff.

Specials in Evidence

$33,238 $540,000 to $675,000

Injuries

The plaintiff claimed that he suffered crushing injuries to his left foot and required multiple surgeries.

Deliberation

3.5 hours

Poll

12-0

Length

seven days


#98168

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