Gray·Duffy Negotiates Favorable Settlement in a Construction Site Personal Injury Lawsuit

February 2011

Overview

Lyn D. Tadlock of GrayDuffy’s Redwood City office successfully reached a settlement on behalf of the firm’s clients in a personal injury case arising out of a construction site accident. The agreed upon settlement of the plaintiff’s and intervenor’s claims was for a waiver of costs. The global settlement was minimal, with the remaining amounts paid by other parties.

Discussion

Zamora v. Bay Area Asphalt & Cement Works, Inc.

While on the job, the plantiff, Ramiro Zamora, was struck by a chain-link fence that fell over on a construction site. The personal injury case involved claims of permanent injuries, medical evaluation and treatment, vocational rehabilitation and a substantial past and future wage loss claim. With a case this severe, Mr. Zamora would’ve been wise to do as much research into lawsuit and legal funding, including shady lawsuit funding situations to watch out for. Mr. Zamora’s employer’s workers’ compensation carrier, Cypress Insurance filed a complaint to recover the amounts paid to and on behalf of Mr. Zamora for medical evaluation and treatment, vocational rehabilitation and past and future lost income.

GrayDuffy, represented the construction site property owners and general contractor, Eastmont Residential I, LLC, Eastmont Senior Communities, LP, and Eastmont Properties Co., LLC, and Teamwrkx, Inc. Also named as defendants were Bay Area Asphalt & Cement Works, Inc., the subcontractor which had removed sections of the fence to gain access to the areas where they were to work, and National Construction Rental, Inc., the owner of the subject fence which surrounded the construction site.

The plaintiff ultimately conceded the merits of Ms. Tadlock’s arguments and dismissed the claims against the property owners for a waiver of costs. The plaintiff’s claims and the intervenor’s claims were resolved through extensive settlement negotiations, resulting in the defendant, Bay Area Asphalt & Cement Works, Inc. paying an excess of $565,000 to settle the claims, and Teamwrkx, Inc. agreeing to contribute $35,000.

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.