Case details

Fall from extension ladder caused back fractures: laborer

SUMMARY

$9320891.8

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, fusion, lower back, lumbar
FACTS
On Nov. 19, 2010, plaintiff Sergio Cedillo, 45, a day laborer, was painting and performing repairs to a roof-like structure at an apartment complex in West Hollywood when he fell from an extension ladder, landing 10 to 15 feet down to the concrete below. Cedillo claimed he fractured his back in the fall. Cedillo sued Sonia Sobol, who was acting as trustee and as successor trustee of the Efim Sobol Trust, owner of the apartment complex. He sued for general negligence, premises liability and statute violations under the Labor Code. Cedillo claimed that he had been working full-time at the Efim apartment complex for over three months when the accident occurred. He contended that the Efim Sobol Trust created a dangerous condition by failing to properly secure the extension ladder he was working on. He also contended that access to the balcony upon which he was working was restricted. In addition, Cedillo claimed that the Efim Sobol Trust created an unsafe work environment by poorly supervising and instructing the workers. Sobol, on behalf of the Efim Sobol Trust, denied any negligence whatsoever. She disputed knowing Cedillo or having hired him for work on the subject apartment complex. She also disputed that Cedillo was injured while on the property., Cedillo was taken from the scene of the accident by ambulance and presented to an emergency room. He was diagnosed with multiple fractures to his lumbar spine, requiring him to stay at the hospital for two days. On Jan. 26, 2012, Cedillo underwent surgery to repair and fuse his lower back. He then followed up with a five-day hospital stay and physical therapy upon his recovery. Cedillo claimed his range of motion is now restricted, causing him to have trouble bending and causing him to only walk slowly with a guarded gait. He claimed he requires additional surgery and care for his lower back, and that he can no longer play soccer like he did prior to the accident. Thus, Cedillo sought recovery of $650,751.80 in damages for his past medical costs, $1,170,140 in damages for future medical costs, and an unspecified amount in damages for his past and future pain and suffering. He did not make a claim for lost earnings. Defense counsel disputed the nature and extent of Cedillo’s , stating that only the initial hospital stay was related to the accident.
COURT
Superior Court of Los Angeles County, Central, CA

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