Garcia v. Branco Lath & Stucco
Congratulations John Daly and Jennifer Hoge, who obtained summary judgment on behalf of Defendants, Michael Branco and Branco Lath & Stucco.
The case arose from an incident that occurred on that was managed by Mr. Branco and owned by his brother. Mr. Branco’s duties included performing improvements to the property. Mr. Branco hired a subcontractor which employed plaintiff to fortify a fence. In the course of performing this work, plaintiff stepped in a hole and suffered a compound leg. Plaintiff required multiple surgeries due to infections of the site. After receiving workers’ compensation benefits, plaintiff brought suit against Mr. Branco and Branco Lath & Stucco for negligent property maintenance. Defense raised the issue of workers’ compensation immunity, claiming that plaintiff could not bring action against the same person and entity. Plaintiff took the position that Mr. Branco and his company were liable not as employers, but as property owners and also argued that the defendants were not contractors and therefore were not immune from suit. Plaintiff contended that if workers’ compensation immunity applied, it did not extend to Mr. Branco individually.
Judge Helms held that Plaintiff had elected workers’ compensation as his remedy and had not pled any exception to overcome exclusivity. Both Branco Lath & Stucco and Michael Branco were granted summary judgment.
Verdict Date: December 05, 2016
McCormack v. Perkins & Marie Callendar’s LLC
Congratulations John Daly and Sean Crocker for obtaining a defense verdict on behalf of Perkins & Marie Callendar’s, LLC.
Plaintiff slipped on a wet floor in the restaurant lobby. Plaintiff acknowledged that at the time of the accident, a Perkins employee was mopping the floor. Plaintiff argued the employee was far away from the area where she fell and disputed the placement of the wet floor sign. Plaintiff claimed injuries to both knees which required two surgeries and put forth evidence that Perkins had failed to retain the store surveillance footage which would have captured the incident and was able to obtain an adverse inference jury instruction. In closing, Plaintiff requested $280,000 in medical expenses, $100,000 and an unspecific amount for pain and suffering.
The jury deliberated for one hour, 22 minutes before returning a verdict in favor of Perkins.
Verdict Date: November 16, 2016