SEPTEMBER 30, 2008 — According to a spokesman for the San Diego Fire Department, a man fell 15 feet from a bridge in the San Pasqual Valley near Ysabel Creek Road this morning at about 8 a.m.  Copter 2 of the San Diego Fire-Rescue Department flew to Bandy Canyon Road to rescue the man, who was working on the underside of the bridge when he fell.  It is not clear what caused the man to fall, or what his injuries are.  

Three people were critically injured when a walkway collapsed in downtown San Diego on August 28^th. The incident occurred at a construction site at 15^th Street and Imperial Avenue. A covered wooden walkway, which was meant to protect pedestrians from falling debris, collapsed. Two women and one man suffered critical injuries, and at least a dozen others were transported to area hospitals. The contractor for the site is Allgire General Contractors, who have had at least two accidents in the past four years, one of which occurred at the same site. Both Allgire and OSHA do not yet know what caused the accident.

An ironworker employed by Kaylake Industries was killed on June 12^th in downtown
San Diego. 21-year-old Valentin Michel Madrigal was working at 10^th and A Streets on the 35^th floor of Vantage Point condominiums. Mr. Madrigal was attempting to connect his safety harness to another hook when he lost his footing and fell to the balcony on the 10^th floor. He was pronounced dead at the scene. Cal-OSHA is investigating to find if any violations of the Health and Safety Code were committed.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.

A defendant has been dismissed from a personal injury lawsuit stemming from a 2007 construction accident. Two workers were killed and several injured when formwork collapsed on construction at the Bay St. Louis Bridge. The victims fell 50 feet. It was initially believed that a Matthews Marine tugboat struck a column of the bridge, causing it to collapse. That turned out to be false, so Matthews Marine has been removed from liability.

The lawsuit names Granite Archer Western, HNTB Corp., URS Corp., D.T. Reed Steel Co., Gulf Concrete, EFCO, Civil Tech and Burns Cooley Dennis as negligent. Four of those companies were fined almost $96,000 from the Occupational Safety and Health Administration. The lawsuit represents seven construction workers and five of their wives for the physical and psychological injuries received as a result of negligence from companies involved.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.

Two workers were killed during a construction accident in Manhattan on May 30^th. 30-year-old Donald C. Leo and Ramadan Kurtaj, 27, were killed when a crane crashed into a 23-story apartment building at 354 East 91^st Street, damaging 45 out of 169 apartments. New York Crane and Equipment Corporation owned the Kodiak crane that collapsed, along with six others that were being used at various locations throughout the city. Work has been halted at the other sites as the accident is investigated and inspections are done on the other cranes.  

A damaged portion of a crane was removed from a construction site last year, and investigations are being done to see if the piece was inadequately repaired and put back into service at the East 91^st Street site. The damaged piece was a rotating turntable that connects the operator’s cab and the boom to the crane tower. It is being determined if the Buildings Department instructed New York Crane to dispose of the damaged turntable or if repairs were ordered and done correctly. The owner of New York Crane claims to have proof that the crane was sufficiently repaired. This is not the first accident involving a crane; seven people were killed when a crane collapsed on East 51^st Street in March.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.

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.

A demolition worker employed by Whillock Contracting was killed on May 29^th while working on the Unified Port of San Diego project. The man was at 550 Marina Parkway in
Chula Vista demolishing the old Rohr and Goodrich Corp. building. He was in the process of taking down a wall when a steel beam fell on him. The man was pronounced dead at the scene. CalOSHA is investigating the accident.

If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.

A lawsuit has been settled in the case of a 2003 construction accident in Gilroy. On August 7^th, 49-year-old Manuel Pereira, a sheetrock specialist, was working for a subcontractor for Greg Farotte Construction, Inc. Mr. Pereira was performing work in a scissor lift at El Amigo Restaurant. The machinery rolled into an open hole in the kitchen’s cement floor, causing the lift to fall and knock Mr. Pereira 15 feet to the ground. He suffered a fractured wrist and dislocated elbow. Seven surgeries were performed on his arm, but he is still permanently disabled and cannot perform construction work, which is his only means of employment.  

Mr. Pereira sued Greg Farotte Construction and the plumbing subcontractor, Associated Plumbing. He argued that OSHA regulations required that exposed holes must be covered. Both defendants denied responsibility, stating that the accident was caused due to Mr. Pereira’s negligence. They stated that Mr. Pereira attempted to drive around the holes with the lift extended, which is not how the machinery is to be operated. It also should not be used on uneven surfaces. Mr. Pereira had not been trained to use the scissor lift, so his incorrect use of it was the cause of the accident. They further argued that the holes were exposed because they were being used by Associated Plumbing. 

Mr .Pereira requested $132,000 for medical specials, $100,000 for loss of past wages, and $750,000 for future loss of wages. Due to a provision in their contract obligating Associated Plumbing to pay, Greg Farotte Construction paid Mr. Pereira $450,000 and Associated Plumbing paid $1 million.

If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.

Two days after the May 19^th hotel explosion in downtown San Diego, two of the injured construction workers had surgery for temporary skin grafts. Doctors at the UCSD
Medical Center burn unit are still keeping the patients in drug-induced comas for another two weeks to control pain. They may be ready to get permanent skin grafts by next week. A third victim who was burned on over 40% of his body is still too swollen to undergo surgery. All three patients are still in considered to be in critical condition. A fourth construction worker is still admitted at Scripps Mercy Hospital with orthopedic injuries. Thirteen people were injured in the blast that firefighters believe was caused by flames from a water heater or electrical spark igniting natural gas that had been leaking into the mechanical room. The complete investigation could take up to six months.

If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.