A landscape contractor in the Phoenix area settled his case against a general contractor for $700,000. Working at a construction site, he says the general contractor failed to secure the safety of the site. The landscaper was seriously injured when a large pre-fabricated wall fell on him when a crew was trying to lift it up. Michael Cordova, www.mcordova.com, initiated the lawsuit against the general contractor, Porter Brothers. Michael Cordova was part of a legal team that included Frank Lesselyong of the Phoenix Law Firm Kleinman, Lesselyong & Novak.
On Aug. 18, 2005, German Escobar Ramirez was working as a landscape contractor for Western Innovations in Gilbert, Ariz. The construction project was overseen by general contractor Porter Brothers. A Porter Brothers employee asked Mr. Ramirez and other landscapers if they could assist in lifting a large wall. There was no mechanical equipment employed during for this action. The wall was lifted approximately half-way up, and then the workers they could not continue. The weight was too much and German Escobar Ramirez had the weight fall onto his back.
Initially the doctors thought that Ramirez had suffered a simple fracture of his vertebra. An orthopedic surgeon saw him a few months after the accident and determined that Ramirez has actually sustained what is known as an "explosion type compression fracture of his L1 vertebra". The medical bills were extensive and German Escobar Ramirez was not able to continue his work as a landscaper.
The Plaintiff asserted that the general contractor, Porter Brothers, had a duty to provide a safe work environment at the construction site. He pointed out that the wall was not secured by mechanical equipment, he was asked to help by a supervisor, and the wall was too heavy to be lifted by the manpower that was used. Mr. Ramirez felt this was a case of 100% liability.
The complaint was filed on June 22, 2007, Ramirez v. Porter Brothers, Inc., Maricopa Superior Court, Case No. CV2007-010946. After months of work, the case was settled before for seven hundred thousand dollars, which was accepted by the Plaintiff.
Defendant, Porter Brothers, alleged that the case was not 100 percent liability. They asserted that it is common practice as construction sites for different crews to assist in various tasks. They also argued that Ramirez could not receive a future wage claim, because he lacked citizenship documentation.