Gray•Duffy Settles Serious Maritime Injury Case

November 2012

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office represented Cemex in a lawsuit arising out of a serious personal injury to an employee of Cemex at its Pier 92 facility in San Francisco. After a year and a half of litigation, the case was settled in mediation. All claims of indemnity or contribution against Cemex were dismissed.

Discussion

Reynoso v. Jerico Products, Inc. The plaintiff, a 48-year-old union employee of Cemex, fell from a gangway at Cemex’s Pier 92 facility, fracturing his leg and injuring his lower back which required surgery. There was a dispute as to the ownership of, and maintenance responsibility for, the subject gangway. Cemex was brought into the case on an indemnity claim by Jerico Products, Inc. Jerico claimed that Cemex owned and was responsible for the allegedly defective gangway, and Cemex claimed it was owned, repaired and maintained by Jerico. After contentious discovery regarding the purchase, set up and maintenance of the gangway, the case was settled at mediation for $750,000, which was fully funded by Jerico Products and its insurers.

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.