Workplace Injuries

Defective Industrial Aerial Lift - $10,000,000 Settlement
Our attorneys represented the surviving wife and two children of a Northern California real estate developer.  While participating as a passenger in a “ride along” on a self-propelled man lift (which was to be used for accessing heating and ventilating ducting in his real estate projects) the decedent was killed when the lift tipped over.  Our product liability team demonstrated that the lift, as designed, had a center of gravity that was too high and the risk of tip-over was not adequately protected against either by a widened wheelbase or by the utilization of outriggers.  The manufacturer attempted to blame the operator of the device for driving it on an “uneven” exterior surface, when in fact, the lift was intended for indoor use.  The recovery made on behalf of our clients included compensation for the future lost earnings of the decedent, and general damages for the loss of a husband and father’s love, care, comfort and society.  The settlement included court supervised periodic payments throughout the lives of the two children to provide for college education and security during their young adult years.  

Dangerous Construction Site – $7,000,000 Settlement
Our construction site specialists represented a 40-year-old utility worker who was badly burned over more than 60 percent of his body while performing routine telephone line replacement.  During the course of his work, a rotted power pole fractured, and high voltage lines carrying in excess of 12,000 volts of electrical current fell on our client who was standing in his bucket truck.  Our attorneys brought suit against the responsible utility, and demonstrated that the rotten pole should have been discovered more than five years before the date of this tragedy. Using experts in the field of plastic surgery, internal medicine, forensic economics, and job site management, our attorneys recovered $7,000,000 on behalf of the injured worker.  The recovery included reimbursement for lost wages and future wages and benefits as well as past medical expenses exceeding $1,000,000.  As part of the settlement, our attorneys also negotiated reimbursement and resolution of an outstanding worker’s compensation lien in excess of $1,000,000. 

Industrial Metal Forming Machine - $4,500,000 Settlement
We successfully represented the interests of a 42-year-old metal worker who suffered catastrophic brain injury after a 50 pound piece of metal was ejected from a metal-forming lathe which was manufactured by the defendant, a Japanese corporation.  On behalf of our brain damaged client, our attorneys demonstrated that the lathe had been manufactured and sold without analyzing all possible failure modes, and without including protection for work pieces or chuck components to be contained within the chamber of the lathe.  Our attorneys were able to prove that the manufacturer knew of at least two similar lathe accidents, but had taken no remedial action.  Under the terms of the settlement, approximately 75% was paid in cash, and 25% was dedicated to the purchase of multiple annuities to help pay for ongoing medical costs and to provide financial support for the wife and children of our injured client.  As part of the settlement, a worker’s compensation lien in excess of $1,000,000 was also compromised and waived. 

Construction Site Fall – $2,000,000 Settlement
Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco.  The decedent was working as an independent contractor on a re-roofing project at a large private residence.  Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition.  Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its cross-arms has not been properly secured and that it was this error which resulted in the decedent’s death.  The recovery included economic damages exceeding $1,000,000, representing the loss of future salary, benefits and household services of the decedent.