Painter falls down stairwell: OSHA violations: Wrongful death: Structured settlement

Law Reporter, Nov 2004

Membreno v. Doe Stairway Mfg. Co., CaL, Orange County Super. Ct., No. 02CC03394, Apr. 26, 2004.

Membreno, 36, was painting at a construction site. He fell through an unfinished stairway that was not protected by a guardrail, suffering fatal injuries. Formerly a professional painter earning about $50,000 annually, Membreno is survived by his wife and minor son.

Membreno's wife, individually and on the child's behalf, sued the stairway contractor and the general contractor, among others, alleging failure to correct a hazardous condition about which several foremen had complained. Plaintiffs alleged the unguarded stairwell violated U.S. Occupational Health and Safety Administration (OSHA) regulations, and that the general contractor had promised to correct the violations, but did not follow through.

Defendants contended Membreno was negligent because he was aware the stairwell was unguarded and lacked steps.

Before trial, the parties agreed to a structured settlement with a present value of $2 million.

Plaintiffs' experts were Jerry Hildreth, OSHA violations, Tehachapi, CaI.; Claude LaFeuvre, construction, Pasadena, CaL; Mike McAlpine, construction, Los Angeles, CaI.; Mark Sanders, human factors, Encino, CaI.; Lloyd Dick, building inspection, Newport Beach, CaL; Joyce Pickersgill, economics, Santa Ana, Cal.

Defendants' experts were Carl Sheriff, forensic engineering, Toluca Lake, CaI.; and David Weiner, economics, Los Angeles, CaL

Plaintiffs'Counsel

*Thomas P. Cacciatore, Pasadena, Cal.