Case details

Proper safety equipment and pay rate not given: laborer

SUMMARY

$488936.45

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arterial, internal bleeding, unconsciousness, vascular
FACTS
From February 2009 until Aug. 21, 2009, plaintiff Sacramento Lopez, a laborer and store clerk, worked for Elena Delgadillo and Jesus Cortez. During that time, he worked at a premises located on Star Ridge Road in Hayward, doing remodeling/renovation and repair work, and at La Napolera Market in Oakland, working as a store clerk. Lopez claimed that during the course of his employment, he was not paid for overtime or all the hours he worked, nor was he provided with meal or rest breaks. He also claimed that while performing his duties at one of the locations on March 25, 2009, he fell from scaffolding and sustained serious . Lopez sued Delgadillo and Cortez. He alleged that the defendants’ employment actions constituted statutory violations of the Labor Code and Industrial Welfare Commission Orders. He also alleged that the defendants were negligent in their failure to maintain a safe work environment, creating a dangerous condition. Lopez claimed that he worked over eight hours a day, up to six days per week, but did not receive any overtime pay or compensation for all the hours he worked. He also claimed he was not provided an itemized wage statement, meal breaks or rest periods. In addition, Lopez claimed that his fall from scaffolding on Marcy 25, 2009, was due to his employer’s negligence in not providing him with adequate safety equipment. Defense counsel contended that Lopez did not work over eight hours per day, or 40 hours per week, and received all his required meal/rest breaks. Counsel also contended that the alleged negligence of Delgadillo and Cortez did not cause Lopez’s accident., On March 24, 2009, Lopez fell off a scaffold at the height of a second story building. He sustained multiple and lost consciousness. Lopez was subsequently transported to Eden Medical Center, where he received extensive medical treatments for the internal he sustained. He ultimately underwent surgery, including extensive surgery to stop his internal bleeding, and remained hospitalized for about 15 days. Lopez’s total medical bills were $236,900.00. Thus, Lopez sought recovery of damages for his past and future pain and suffering, as well as for any unpaid wages owed.
COURT
Superior Court of Alameda County, Hayward, CA

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