A case has been settled regarding a construction worker who was injured in 2003. 38-year-old Saul Garcia was in the lift gate of a truck, when the driver reversed and hit a concrete median. Mr. Garcia fell from the lift gate and suffered a dislocated shoulder and a labrum tear, along with adhesive capsulitis. He needed two surgeries and physical therapy. Mr. Garcia stated that he experienced permanent pain and limited range of motion.  

Mr. Garcia believed that the driver of the truck was negligent and was at fault. He felt that the driver failed to abide by procedures, stating that all equipment must be secured when moving the truck. The driver argued that he verbally warned Mr. Garcia before reversing the truck, and he got on the truck anyway. The driver felt that his employer was responsible because he was negligent by not properly training him and by providing inadequate lighting at the scene of the accident, causing him to strike the concrete median. Defendant’s medical experts also felt that Mr. Garcia was exaggerating his injuries.  

Mr. Garcia requested reimbursement for medical expenses, lost wages, and pain and suffering. The jury found him three percent responsible, but awarded him $1,909,790.

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.