Gray•Duffy achieves favorable settlement in personal injury lawsuit

February 2020


Nathan B. Lee of Gray•Duffy’s Encino office represented Angel’s Sandblasting, Inc., as a defendant and cross-complainant, in a personal injury matter.


Patricia Portugal vs. Holley Property Management, Inc., et al.

Plaintiff Patricia Portugal, a life-long cigarette smoker who suffered from pre-existing chronic obstructive pulmonary disorder and asthma, alleged that she sustained personal injuries following a sandblasting incident that occurred at the apartment complex that she resided at in Venice Beach, California. Plaintiff alleged that she had warned the apartment’s property manager of her health concerns prior to the sandblasting occurring. However, the property manager failed to communicate Plaintiff’s concerns to the sandblasting company. Following the subject incident, Plaintiff alleged that she sustained personal injuries when particulate from the subject sandblasting entered her apartment unit through her doors and windows and vents.

Plaintiff filed suit against the apartment owner, the property manager, and Angel’s Sandblasting, alleging numerous causes of action, including but not limited to, negligence, trespass, and unfair business practices.

Gray•Duffy immediately investigated the subject accident. Plaintiff had closed her apartment unit doors and windows prior to the sandblasting, and had left the apartment premises for several hours. We consulted with medical and industrial hygiene experts who confirmed that the subject sandblasting project was conducted above and beyond sandblasting industry standards, and did not cause Plaintiff’s alleged personal injuries. Further, our attorneys advocated that the property manager and apartment owner were liable for failing to communicate Plaintiff’s alleged concerns to Angel’s Sandblasting, Inc., who could have taken even further precautions prior to the sandblasting. On behalf of the client, we filed a cross-complaint against the apartment owner as well as property manager.

Following discovery, we were able to successfully resolve this matter with Plaintiff, and was able to convince the property manager to pay almost the entire amount of the settlement. We obtained a dismissal of the lawsuit with prejudice.

Gray•Duffy aggressively advocated on behalf of client Angel’s Sandblasting, Inc. throughout this litigation matter. We were able to expeditiously and successfully resolve this matter in obtaining a favorable discounted settlement and a dismissal of the lawsuit with prejudice.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.