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.

Investigations are continuing into the cause of the explosion at the San Diego Bayfront Hilton on May 19^th. Fire officials believe the blast was the result of flames from a water heater or an electrical spark igniting natural gas that was leaking into the mechanical room. It has been determined that the blast was an accident. The investigation has been turned over to Cal-OSHA and they will decide if any of the workers violated Health & Safety codes. The explosion caused at least $5 million in damage and injured 13 workers and one firefighter. Three victims are still in medically-induced comas at UCSD Medical Center, and another remains at Scripps Mercy with orthopedic injuries.