Case details

Family claimed negligent wall design caused fatal fall

SUMMARY

$26920170

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
severe head trauma, wrongful death
FACTS
On Aug. 2, 2011, plaintiffs’ decedent Edgar Gonzalez, 30, a carpenter, was helping to construct a wall at the Los Angeles Hyperion Treatment Plant, a waste disposal facility near Playa del Rey. The construction of a gas compressor facility was commissioned by the city of Los Angeles, which hired Gonzalez’s employer, USS Cal Builders Inc., to act as the general contractor. At the time, USS Cal Builders was in the process of erecting “wall-form panels,” which are temporary walls that are used to support poured concrete that dries in place to form permanent concrete walls. Once the concrete is dry and fully formed, the wall forms are removed, leaving only the permanent structure in place. USS Cal Builders hired Atlas Construction Supply Inc. to design the wall-form system and supply the wall-form components. Atlas Construction also provided engineering drawings for the construction and assembly of the wall-form system at the site. The wall-form systems were provided to USS Cal Builders unassembled. As a result, the contractor assembled the wall forms into panels measuring 30-feet by 8-feet, and a crane moved the panels into place, where they were secured and attached to each other. However, while Gonzalez was on top of a 30-foot-high form panel “plumbing and leveling” it, the panel tilted and fell over. Gonzalez, who was tethered to the panels, as is industry standard, fell 30 feet and died at the scene. The decedent’s wife, Rosa Gonzalez, and their two minor children, Aaron Gonzalez and Atarah Gonzalez, sued Atlas Construction Supply Inc.; the Atlas Construction engineer who stamped the wall-form design plans, Reda Basalous; and the crane operating company that placed the wall-form panel in its location, Mr. Crane Inc. The workers’ compensation carrier for USS Cal Builders, National Union Fire Insurance Company of Pittsburgh, subsequently brought a separate claim against Atlas Construction Supply Inc.; Atlas Construction’s affiliated name, Atlas Forming Systems; and Mr. Crane Inc. In addition, USS Cal Builders Inc., which was immunized from liability due to the workers’ compensation exclusive remedy rules, brought a separate suit against Atlas Construction Supply Inc. USS Cal Builders sought recovery for financial losses due to the accident. The matters were ultimately consolidated. However, prior to trial, Mr. Crane settled with the decedent’s family and Basalous was dismissed from the case. National Union also dismissed its complaint and USS Cal Builders settled with Atlas Construction just before trial. Thus, the matter proceeded to trial with the decedent’s family’s claims against Atlas Construction only. Plaintiffs’ counsel argued that the wall collapse and the decedent’s subsequent fall occurred due to the negligence of Atlas Construction and its defective wall-form system. Specifically, counsel argued that Atlas Construction was negligent in providing consulting and engineering services to USS Cal Builders. Counsel also argued that Atlas Construction’s plans and guidance were deficient because its design plans called for a panel to be placed at the site without proper support. Plaintiff’s counsel contended that the wall-form system did not have adequate support, as it was designed and intended to be built. According to plaintiff’s counsel, the panel that the decedent was on at the time of the incident was cantilevered off the underlying concrete slab for about half its width and was only supported by two small “leveling jacks,” which are flat metal pads that are screwed into a starter wall at the base upon which the form panel was set. Thus, counsel argued that the associated wall-form system was defective and inadequate, causing the panels to be unstable and ultimately causing the decedent’s fall. Atlas Construction denied responsibility and contended that the wall fell due to the negligence of the general contractor (USS Cal Builders), the city, and Mr. Crane. Its engineer claimed that he believed that there was going to be concrete beyond the edge of the slab, which would have supported the panel that fell, and that he didn’t realize it would be cantilevered. Atlas Construction denied having any notice of that discrepancy and denied ever talking to anyone at USS Cal Builders about the issue. Thus, it claimed that the incident was the fault of USS Cal Builders, the crane operator who released the panel even though he allegedly had concerns about its stability, and the city for failing to identify the discrepancy and intercede despite having inspectors on site., Edgar Gonzalez suffered severe head trauma when he fell 30 feet from the wall and when parts of the wall collapsed on him. He was ultimately declared dead at the scene. He was survived by his wife, plaintiff Rosa Gonzalez, age 33; his son, plaintiff Aaron Gonzalez, age 12; and his daughter, plaintiff Atarah Gonzalez, age 7. The Gonzalez family testified that the decedent was a loving and supportive father, as well as an active member of his community. They also claimed that the decedent coached soccer and was a youth leader at his church. Thus, the decedent’s family sought recovery of wrongful death damages. (They did not seek emotional-distress damages, as such damages are not recoverable to survivors under California law.)
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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