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.

35-year-old Jim Lang of Wisconsin has won over $3 million in a medical malpractice lawsuit after losing a portion of his left leg. In 2003, Mr. Lang visited Dr. Gregory Estlund after he injured his leg while working at a factory in Hammond. After four visits to Dr. Estlund with no progress, Mr. Lang decided to see a specialist. That specialist discovered that muscle and nerve damage had limited Mr. Lang’s blood flow, and ordered Mr. Lang to be taken into surgery that day. Mr. Lang still never regained feeling in the lower portion of his leg, and it had to eventually be amputated in 2004. A jury in St.Croix County found Dr. Estlund negligent, and awarded $3.2 million to Jim Lang.

If you reside in southern California and have 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.