Case details

Construction worker claimed electric shock at worksite

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cognition, mental, psychological
FACTS
On Nov. 7, 2007, plaintiff Benjamin Silva, 35, a construction worker, was demolishing a building in Richmond as part of his employment with B&B Demolition, a demolition subcontractor, when he suffered a severe electric shock. Silva sued the contractor on the project, John Morrison Inc., alleging negligence. Silva claimed that he was performing demolition work at the site when he came into contact with an electrified wire, shocking him and causing him to collapse. Another worker, who witnessed the event, testified about the accident. However, Silva did not testify at trial, as he had no recollection of the incident as a result of his head injury. Defense counsel noted that B&B never informed John Morrison of any problems at the jobsite until nine months after the alleged incident. Counsel also noted that Silva’s employer never reported the incident to OSHA. Defense counsel further noted that B&B mounted an investigation, but never found any energized electrical wiring on the scene and that the work was completed without further incident. In addition, counsel contended that Silva is a convicted felon and that the plaintiff’s key witnesses had to testify via disposition since he was incarcerated for narcotics possession, while a third witness pled down to a misdemeanor. Thus, defense counsel argued that it was possible the shock came from one of the power tools Silva was working with., The trial was bifurcated, so damages were not before the court. Silva suffered a severe electric shock injury while working on a demolition project. He claimed a head injury as a result of the shock, causing him to suffer memory problems, including not having any recollection of the incident.
COURT
Superior Court of Alameda County, Fremont, CA

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