Case details

Roofer claimed employer failed to provide restraint system

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, arm, back, cognition, depression, emotional distress, fracture, impairment, mental, psychological
FACTS
In July 2007, plaintiff Jorge Tapia, 42, a roofer, and his brother, plaintiff Guillermo Tapia, were performing roofing work on a commercial property located at 1561 Laurel Street in San Carlos, which was owned by Karl Dresden (also known as Gustave Paulin) and Paula Mordhorst (also known as Paula Dresden). While working on the roof, Jorge Tapia fell about 25 feet to the concrete sidewalk below and sustained severe bodily . Guillermo Tapia witnessed the fall. Dresden and Mordhorst hired Willis and Gustaf Unga, father-and-son contractors who operate under various business names, including Unga Corp., Unga Co., A-1 Weather Solutions doing business as Pinnacle Foam Roofing and Insulation, Unga Foam Roofing & Waterproofing. Another company that the Unga’s were originally believed to be doing business as was Terrace Associates. The Ungas were hired to repair the roof on the property, and subsequently hired Jorge Tapia and Guillermo Tapia. Thus, Jorge Tapia and Guillermo Tapia sued Dresden, Mordhorst, Willis Unga, Gusraf Unga, UNGA Corp., Unga Co., Unga Foam Roofing and Waterproofing, A-1 Weather Solutions, Pinnacle Foam Roofing and Insulation, and Terrace Associates. The Tapias’ counsel contended that the defendants failed to provide Jorge Tapia with an approved personal fall protection, arrest or restraint system. The Ungas did not have a state contractor license to perform the roofing work, and neither the Ungas nor any of the other defendants carried workers’ compensation insurance. Terrace Associates was ultimately dismissed from the case. The Unga defendants, including , Willis and Gusraf Unga, UNGA Corp., Unga Co., Unga Foam Roofing and Waterproofing, A-1 Weather Solutions, andPinnacle Foam Roofing and Insulation failed to respond to the complaint. As a result, following the Tapia family’s prove-up of their damages, a default judgment was taken against the Unga defendants for $12 million. Thus, the matter continued against Dresden and Mordhorst only., Jorge Tapia was taken to a hospital and was treated for a bilateral distal radius fracture, a radiocarpal dislocation, an L1 burst fracture and a calcaneus fracture. In addition, he claimed that he suffered from psychological caused by his fall from the roof, resulting in emotional distress, mild psychiatric mood disorder, chronic adjustment disorder with mixed anxiety, and depression. He alleged that his psychological problems caused cognitive limitations. Thus, Jorge Tapia underwent psychiatric treatment for his chronic adjustment disorder. However, he claimed that his will affect him for the rest of his life. Jorge Tapia’s wife, Gloria, claimed that due to his , her husband is unable to perform the necessary duties as a husband and father, and will not be able to return to his career as a roofer. Thus, she sought recovery for her loss of consortium. Guillermo Tapia claimed that he saw Jorge Tapia’s fall, and suffered severe emotional distress and anguish as a result. Counsel for Dresden and Mordhorst disputed the extent of the damages suffered by each plaintiff.
COURT
Superior Court of Sacramento County, Sacramento, CA

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