Significant Result in Personal Injury Trial - $4.25 million

$4.25 million

Construction Site Accidents, Spinal Cord Injury, Catastrophic Injury

Sacramento & Elk Grove-based attorney John O'Brien recently obtained a $4.25 million jury verdict in Alameda County on behalf of an injured construction-site worker. The case was tried to a jury before the Honorable Victoria Kolakowski. The injured worker, a 27 year veteran laborer, was injured while working on a road widening project in the City of Roseville. He was struck in the back of his knee by the blade of a skip loader being operated by an employee of the general contractor for the project, DeSilva Gates Construction, LP. The injured worker pursued a negligence theory against DeSilva Gates and the driver of the skip loader. DeSilva Gates, in turn filed a cross complaint against the injured worker’s employer for express indemnity. The worker suffered injuries to his knees, right shoulder, neck and low back. Prior to trial he had three surgeries to treat his various injuries and there was testimony by his treating physicians that he would likely need a lumbar fusion, two knee replacements and a series of epidural steroid injections in his neck. As a result of his injuries, the worker (age 52) was permanently disabled from working as a construction laborer. Although the defense contended that his injuries were due, in large part, to pre-existing degenerative conditions in his joints and spine, the jury disagreed and awarded him all the damages requested by Mr. O'Brien during closing argument.