Case details

Claimant alleged homeowners liable for tree removal accident

SUMMARY

$182500

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
arm, back, cervical, fracture, humerus, lumbar, neck, strain, transverse process, vertebra
FACTS
On April 21, 2012, claimant Gustavo Melendez, 37, a roofer by trade, presented to the house of Carmen Ramos and Heliodoro Ramos, located at 7257 Dinwiddie Street in Downey, to help remove some trees. The Ramos’ backyard contained three large trees, measuring approximately 45 to 60 feet tall, which needed to be removed. They subsequently hired Emelio Herrera, an acquaintance, who was an unlicensed and uninsured contractor to perform the job. Herrera, realizing that he needed a couple other individuals to help him with the project, hired two tree-cutters, including Melendez and Leonardo Sotado. Melendez had experience removing larger trees, but did not have a license to do so. Herrera then provided Melendez with some equipment to be used in the project, including a chainsaw and rope, while Melendez supplied his own ladder. Herrera also gave Melendez instructions as to which tree to begin cutting. As a result, while working on the third tree, Melendez fell and sustained a significant humerus fracture, as well as to his spine. Melendez brought a claim against the Ramos, alleging that the property owners were directly liable for the hiring an unlicensed contractor and were vicariously liable for Herrera’s negligent conduct. Melendez claimed that prior to going up the ladder and cutting each tree, Herrera would first go up the tree, secure a rope around the top portion of the tree and throw the loose end of the rope down to an individual below. He claimed that once the rope was secure, he would go back up the ladder with his chainsaw, after Herrera came down, and would begin cutting. He claimed that as he was cutting the tree, Herrera and Sotado were on the ground, pulling the other end of the rope in the direction they wanted to tree to fall. Melendez alleged that the first and second trees were removed without any problems, and that like the two trees before it, he went up the ladder with his running chainsaw in hand and waited for the signal to begin cutting through the third tree. This time, however, when the signal was given, the tree was cut and the rope was pulled forward, the falling portion of the tree struck Melendez in the chest, knocking him off of the ladder and causing him to land on the concrete ground 30 feet below. The respondents counsel contended that the homeowners had no liability, whatsoever, because they hired Herrera, who was in charge of the project. Thus, counsel contended that Herrera was ultimately liable for any caused to Melendez., Shortly after impact with the ground, emergency paramedics arrived and transported Melendez by ambulance to the emergency room at St. Francis Medical Center in Lynwood, where it was discovered that Melendez had incurred an L3-4 transverse process fracture and a deformed, mid-shaft fracture of the left arm’s humerus. Within one month, Melendez was forced to undergo intensive orthopedic surgery, consisting of open reduction and internal fixation, to repair his humerus. He also suffered cervical and lumbar strains, as well as a strain of the left, non-dominant shoulder. Melendez’s counsel contended that Melendez, a husband and father of two minor children, has been unemployed since the day of this accident and can no longer perform any type of physically laborious work — the only type of work Melendez has ever known.
COURT
Judicate West, CA

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