CASE RESULTS

Plumber suffered facial and wrist fractures after falling 15 feet through unguarded opening onto concrete

Sergio Rodriguez and Maria Rodriguez v. San Jose Construction

Facts

Rodriguez, a 32-year-old plumber, suffered severe injuries, including facial and wrist fractures, when he fell 15 feet down through an unguarded floor opening at a construction site. San Jose Construction was the general contractor on the project. Its employees had cut several holes in the concrete flooring to accommodate air conditioning ducts and a dumbwaiter. The general contractor claimed to have covered the floor openings with plywood and nailed them onto the concrete floor.

On the afternoon of the accident, Rodriguez was performing layout work in preparation for installing plumbing. He was walking backwards, pulling out his tape measure, when he stepped into the unguarded floor opening measuring approximately 30 inches by 30 inches. Rodriguez fell down 15 feet to the concrete floor below, smashing the left side of his body.

LEGAL THEORIES AND STRATEGIES

Rodriguez contended that the general contractor negligently failed to cover the floor opening, and failed to adequately secure the cover over the opening.

CASE RESULT

$1.8 million settlement.

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