Landscape worker awarded $700,000 for jobsite injury
13 Feb, 2009 LM Direct!PHOENIX — A landscaper in the Phoenix area settled his case against a general contractor for $700,000. Working at a construction site. The landscaper. German Escobar Ramirez, was seriously injured when a large pre-fabricated wall fell on him when a crew was trying to lift it up.
On Aug. 18, 2005, Ramirez, was working as a landscaper for Western Innovations, Inc. in Gilbert, AZ, when he and other landscape workers were asked by an employee of the general contractor to assist in lifting a large wall. There was no mechanical equipment employed during for this action. The wall was lifted approximately half-way up, but apparently the weight was too much and Ramirez had the weight fall onto his back.
The injury sustained by Ramirez was substantial. Initially the doctors thought that he had suffered a simple fracture of his vertebra. An orthopedic surgeon saw him a few months after the accident and determined that Ramirez has actually sustained what is known as an "explosion type compression fracture of his L1 vertebra". The medical bills were extensive and Ramirez was not able to continue his work as a landscaper.
The Plaintiff asserted that the general contractor had a duty to provide a safe work environment at the construction site. He pointed out that the wall was not secured by mechanical equipment, he was asked to help by a supervisor, and the wall was too heavy to be lifted by the manpower that was used.
The complaint was filed on June 22, 2007, Ramirez v. Porter Brothers, Inc., Maricopa Superior Court, Case No. CV2007-010946. After months of work, the case was settled before for $700,000, which was accepted by the Plaintiff.
The contractor/defendant alleged that the case was not 100% liability. They asserted that it is common practice as construction sites for different crews to assist in various tasks. They also argued that Ramirez could not receive a future wage claim, because he lacked citizenship documentation.
Michael Cordova initiated the lawsuit against the general contractor. Cordova was part of a legal team that included Frank Lesselyong of the law firm Kleinman, Lesselyong & Novak, Phoenix.
Please send any technical comments or questions to our webmaster.