Workers knocked down by metal frame: Negligence: Injured neck, ankle: Fractured ankle: Verdict

Law Reporter, May 2004

Terrazas v. Garland & Loman, Inc., N.M., Dona Ana County Dist. Ct., No. CV-2001-392, Sept. 24, 2003.

Terrazas, 45, and Garcia, 47, were trying to secure the frame of a metal building at a construction site. A gust of wind blew the frame toward them, knocking them off their lifts. Terrazas suffered a fractured ankle, requiring plates and screws, and posttraumatic stress disorder. His past medical expenses were about $87,000, and his future medical expenses are expected to be approximately $328,000. There was a workers' compensation lien of $69,400. As a laborer, Terrazas was making $9 hourly. He has only been able to return to limited work activity.

Garcia suffered injuries to his neck, knees, and ankles, among other places, causing chronic pain syndrome. His past medical expenses were approximately $52,000, and his future medical expenses are estimated at $1.49 million. There was a workers' compensation lien of $76,000. A laborer making less than $9 hourly, Garcia has been unable to return to work.

Terrazas and Garcia and their wives sued the general contractor of the site, alleging the wall was constructed in an unsafe manner in that defendant chose to unsafely modify the metal frame building and the foundation during installation without engineering approval.

Defendant challenged the plaintiffs' damages claims.

A jury awarded $2.4 million, including $1.4 million to Terrazas and $1 million to Garcia.

Plaintiffs' experts in this case were James T. Knorpp, employee safety, Fort Worth, Tex.; and Naomi Anderson, physical rehabilitation, Fort Davis, Tex.

Defendant's experts in this case were Steve Newby, architecture, Las Cruces, N.M.; and Theodore Davis, occupational disability, Albuquerque, N.M.

Plaintiffs' Counsel

*James F. Scherr, El Paso, Tex.

Mario A. Esparza, Las Cruces, N.M.

Larry White, Las Cruces, N.M.