Florentino Herrera v. ElDorado Construction, Mora Construction, et al.
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Case Number: BC 569493
Judge: Not Available
Court: Superior Court, Los Angeles County, Oklahoma
Plaintiff's Attorney: Roger Booth, Carly Sanchez, Andrew Pruitt
Defendant's Attorney: Wayne Leech for ElDorado Construction
Paul Jacobs for Mora Construction
Description: Los Angeles, CA - Florentino Herrer sued Eldorado Construction, Mora Construction, et al. on negligence theories claiming that he fell off a roof where he was working and sustained catastrophic spinal cord injury.
He alleged that his injuries occurred because he tripped on a nail which had been left sticking up on the roof by defendant Mora Construction. According to plaintiff, Mora utilized "cleats" to install the plywood on the roof, which is a method where nails are partially driven into the roof in order to hold plywood in places while it is cut. Plaintiff alleged that Mora Construction did negligently left one of the nails protruding from the roof when it completed its work. Plaintiff also alleged that defendant Eldorado Construction had been negligent because, as general contractor, it had exercised and maintained control of the safety conditions on the construction site, but had nonetheless failed to ensure safe working conditions.
Both defendants denied all liability for plaintiff's injuries. Defendant Eldorado Construction claimed to have no knowledge as to how plaintiff's fall occurred, but it argued that, as the general contractor, it had no liability for plaintiff's injuries under the Privette line of cases.
Defendant Mora Construction claimed that Plaintiff's fall was caused purely by his own negligence, and the negligence of his employers.
Eldorado had no applicable insurance.
Outcome: Settled for $1,010.000 million. Plaintiff settled the workers' compensation lien on the case for $200,000.00.