Construction worker's fall blamed on unsafe conditions. $2.8M. Los Angeles County.

Facts and Background

• Facts and Background:

  On December 11, 2012, plaintiff was at a construction site for his second day of work when he fell into a trench dug by defendant Cosco Fire Protection, Inc. Defendant Cannon Constructors was the general contractor. As a result of his fall, plaintiff suffered three left-side rib fractures and a ruptured spleen. Plaintiff spent eight months healing at home, unable to work. Plaintiff eventually returned to work full time, where he ultimately received a raise and promotion, however, he will suffer from rib pain for the rest of his life.

• Plaintiff's Contentions:

  That both defendants were negligent for failing to ensure the trench was covered before plaintiff fell into the trench. Defendant Cannon was the general contractor and had overall responsibility for safety on the job site, however, defendant Cannon did not cover this trench even though there was testimony it had ensured other portions of the trench line were covered.

  Defendant Cosco dug the trench but failed to ensure it was covered before going home the day before plaintiff fell in. Plaintiff contended that he suffered severe and traumatic injuries as a result of the incident. 

• Defendant's Contentions:

  Defendant Cannon admitted fault at trial. Defendant Cosco denied liability. Defendant Cannon sought allocation of fault amongst Cannon, Cosco, plaintiff, and plaintiff’s employer.

  Regarding damages, defendants argued that plaintiff has continuously worked full time as an electrician since returning to work nine months after the accident without any work restrictions or accommodations. Defendants also argued that plaintiff had in fact been promoted after the accident, earning more money than he had earned prior to the accident. Defendants also disputed plaintiff's claimed ongoing nerve pain due to intercostal neuritis.