Vol. 53 No. 4

Trial Magazine

Verdicts and Settlements: Workplace Safety

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Defective wall forming system

April 2017

Edgar Gonzalez, a construction worker employed by a commercial contractor, was at a project commissioned by the city of Los Angeles. While erecting a wall forming system used to support poured concrete, Gonzalez, 30, climbed to the top of a 30-foot form panel. The panel gave way, and Gonzalez fell to the ground, suffering fatal injuries. He is survived by his wife and two minor children.

His wife and children sued Atlas Construction Supply, Inc., the designer of the wall forming system and supplier of its components, alleging that the system had been defective. The defendant denied responsibility and argued that Gonzalez’s injuries resulted from the negligence of the general contractor, the city of Los Angeles, and the crane operator who placed the wall form panel in its location.

The jury awarded $27 million, apportioning liability at 55 percent to the defendant and 45 percent to the general contractor.

Citation: Gonzalez v. Atlas Constr. Supply, Inc., No. BC507755 (Cal. Super. Ct. Los Angeles Cnty. July 20, 2016).

Plaintiff counsel: AAJ member Lars C. Johnson, Woodland Hills, Calif.

Plaintiff experts: David Stern, general contracting, Santa Monica, Calif.; Mohamed Hassan, structural engineering, Los Angeles; and David Fractor, economics, Pasadena, Calif.

Defense experts: Gregg Brandown, structural engineering, Santa Margarita, Calif.; William Powers, crane operation, Phoenix; Terry Lysek, general contracting, Mission Viejo, Calif.; and Daniel Montrenes, economics, Irvine, Calif.