Facts

On March 10, 2005, Jose Guardado was working on a construction site in Richmond. He was employed by Tulloch Construction, the general contractor. An employee of a subcontractor, Rex Moore Electrical Contractors (Rex Moore), asked for Guardado's help in laying down an electrical panel. Guardado got his fingers stuck in between the electrical panel and a conduit sticking out of the ground. Guardado sued Rex Moore for negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Guardado claimed that the panel weighed nearly 1,000 pounds. He argued that the Rex Moore employee did not check the weight of the panel. He further argued that the employee failed to use the necessary manpower to prevent the injury or to stop the injury from occurring once it became clear that Guardado's fingers were being pinched.

DEFENDANT'S CONTENTIONS:
Rex Moore contested the weight Guardado associated with the panel. It claimed that Guardado installed the conduit pipe that injured him and that he was well aware of its location. It further argued that it was Guardado who failed to inform Rex Moore employees of the existence of the conduit, and that Guardado had handled the panel earlier and was aware of its extreme weight.

Specials in Evidence

$37,000; $51,000.

Damages

Guardado sought lost past and future damages for pain and suffering.

Injuries

Guardado suffered the partial severance of his two smaller right fingers. The parts were surgically reattached. Following multiple surgeries and physical therapy, he claimed to experience continuing stiffness, loss of strength, and a more limited range of motion. He claimed he could not longer play basketball, that he cannot straighten one finger all the way, and that there is a distinction between the sensation he feels and the reality of what is happening. The defendants' expert claimed that Guardado made an excellent recovery with little lingering effect. Guardado claimed that he had continuing difficulty completing certain job tasks, although he was back to work in a matter of months.

Result

Prior to trial, the parties settled for $450,000.

Other Information

AIG insured defendant.