OAKLAND, Calif., June 22, 2016 /PRNewswire/ -- Last Thursday, an Alameda County jury returned a verdict of $4.25 million in favor of a 49 year-old man injured on a road widening project in the City of Roseville, near Sacramento. The worker, a 27-year veteran laborer for Navajo Pipeline, Inc., was injured when he was struck by the bucket blade of a 15,000 pound skip loader and pinned between the loader and his work truck. In reaching its verdict, the jury found the operator of the skip loader, an employee of the project's general contractor, DeSilva Gates Construction, to be the sole cause of the incident.
The injured worker's attorney, John M. O'Brien, a personal injury attorney with offices in Elk Grove and Sacramento (www.jobrienlaw.com), was pleased with the outcome. "My client was a very hardworking man whose life was permanently altered by the carelessness of another," said Mr. O'Brien. "I am happy the jury was able to see through the defendant's attempts to undermine his injuries. The right to a trial by jury is one of the most important rights we have under the Constitution, and it is extremely satisfying when it functions properly and justice prevails."
The worker suffered injuries to his knees, right shoulder, neck and low back and, as a result, was permanently disabled and unable to return to work as a construction laborer. Prior to trial, he underwent three different surgical procedures to treat his injuries, and his doctors testified that he would likely need more.
At trial, Mr. O'Brien asserted damages for the worker's lost earnings, medical expenses and pain and suffering. The defense contended that the worker's injuries were due, in large part, to pre-existing, age-related conditions in his joints and spine and that the damages sought were not all related to the incident.
The jury disagreed and awarded all of the damages requested by Mr. O'Brien. "Although my client will never be able to recover everything he lost that day, the function of our civil justice system is to try to restore an injury victim as closely as possible to his life before the injury. This verdict accomplishes that."
DeSilva Gates Construction will be responsible for satisfying the judgment. The City of Roseville was not named in the lawsuit and bears no liability for the judgment.
SOURCE John M. O'Brien & Associates