Worker crushed under railway: Failure to remove conduit: Failure to warn: Wrongful death: Structured settlement

Law Reporter, Aug 1999

Arechiga v. ABC Techs., Cal., Los Angeles County Super. Ct., No. VC 020987, Aug. 7,1998.

Six workers, ages 22-32, were cleaning and refurbishing a furnace by using jackhammers and chisels to dislodge hot slag-accumulated ash, brick, and other residue. A worker jackhammering debris above the furnace dislodged several tons of slag, causing a cave-in that landed on four workers below.

Rivera suffered fractures of his foot, leg, and hand, and second- and third-degree burns on both ankles, requiring skin grafting and internal fixation. His medical expenses totaled about $112,900. He incurred about $400,000 in past and future lost wages. Gonzalez suffered first- and second-degree burns over his lower body and sprained knees. His medical expenses totaled about $5,300. He incurred about $17,500 in lost wages. Santos suffered a burn injury, crush injuries to his knees, and a head injury. His medical expenses totaled about $7,800. He incurred about $5,000 in lost wages. Alex Arechiga suffered first-degree burns to one leg and back injuries. His medical expenses totaled about $39,800. He incurred $62,400 in lost wages. Raymond and Israel Arechiga suffered psychological injuries from witnessing the event. They did not claim lost wages. All the workers had been earning between $8,000 and $20,000 annually.

The workers, Alex's wife, and Israel's wife sued the furnace's owner, alleging it had provided an unsafe workplace by (1) directing work to be done underneath a worker dislodging slag, and (2) constructing a barrier-intended to protect the workers inside the furnace-that was inadequate to guard against the hazards presented by falling debris. Plaintiffs claimed defendant had been aware that there was an unusually large buildup of slag and other residue.

Defendant argued that the workers' employer was responsible for their safety because it was a sophisticated company with furnace cleaning experience. Defendant also argued (1) it had not required the men to work inside and above the furnace at the same time and (2) the workers' employer had supplied the barrier.

The parties settled for $721,500. Rivera received $575,000; Alex, $45,000; Gonzalez, $40,000; Santos, $28,000; and Israel and Raymond, $10,000 each. Alex's wife received $10,000 and Israel's wife, $3,500 for loss of consortium. Plaintiffs also received a total workers' comp award of $375,000.

Plaintiffs' expert was Morris Farkas, safety engineering, Los Angeles, Cal. Defendant's expert was Wayne McCaine, safety engineering, Miami, Fla.

Plaintiffs Counsel:

*Eugene W. Comroe, Woodland Hills, Cal.

*Alysa B. Rosen, Woodland Hills, Cal.