By Daily Press staff
A Santa Monica law firm helped recover $30 million from four companies to 12 plaintiffs who sued after they were hurt on the job.
A Los Angeles Superior Court last week jury awarded the money to 12 plaintiffs in a negligence lawsuit in which Harsco Corp. and DYK, Inc. were both found liable for an October 2001 Carson, Calif. roof collapse construction accident. In the accident, some plaintiffs plunged six-stories into a tank filled with rebar, metal and wet concrete. Other plaintiffs were left clinging to rebar, suspended 50 feet above the ground until they were rescued.
The damages phase of the trial began on Sept. 15, 2005 and the case went to the jury on Nov. 18, 2005. LA Superior Court Judge Rose Hom presided over both the liability phase and damages phase of the trial.
Plaintiffs Martin and Irma Garcia recovered $16.1 million and were represented by Irvine-based attorney Orlando J. CastaZo, Jr. and Browne Greene, with the Santa Monica law firm of Greene, Broillet and Wheeler, LLP.
Independently, CastaZo and Franklin Casco, Jr. represented Ignacio and Anelica Tejada, who recovered $1.35 million, and Alex Morales, who recovered $550,000.
On Oct. 4, 2001, Martin Garcia was employed as a laborer by Kiewit Pacific and was among more than 40 people pouring concrete on the roof of tank No. 19 on the job site at the Joint Water Pollution Control Plant in Carson. He was standing on the plywood deck supported by aluminum shoring almost six stories above the floor of the tank. At 8:30 a.m., after about 60-70 percent of the roof had been poured, the shoring gave way and the roof collapsed, causing Martin Garcia and more than seven workers to fall six stories into the bottom of tank No. 19. Garcia sustained injuries to his head and brain among other severe and permanent injuries.
Plaintiffs filed suit on Jun. 13, 2002, alleging negligence, products liability negligence, among other claims. The trial was bifurcated, with the liability phase of the trial starting on June 20, 2005 and going to the jury on Aug. 12, 2005. On Aug. 17, 2005, the jury rendered its verdict and found that all of the defendants were negligent. In particular, the jury determined that Harsco provided the shoring material used on tank No. 19, and further found the shoring material to be damaged and inadequate, and that there were defective and cracked welds on many of the shoring frames. The jury apportioned responsibility for defendants’ liability as follows: ■ Seventy-five percent to Harsco Corporation of Camp Hill, Penn. ■ Fifteen percent to DYK, Inc. of El Cajon, Calif. ■ Seven percent to Quality Shoring and Scaffold, Inc. (now owned by DYK, Inc.) ■ Three percent to Dave Gowers Engineering, LLC of Selma, Ore. Prior to the start of the damages phase of the trial, the lawsuits brought by Gonzalo Castillo and Ruben Gutierrez were both settled for confidential amounts by their attorney, Geoffrey S. Wells with Greene, Broillet & Wheeler, LLP.
Originally published in the Santa Monica Daily Press print edition on January 19, 2006. Read the original PDF.