On February 1, 2005, Jose Leon was working on a large scale construction project located at the Arizona State University campus in Tempe, Arizona. Mr. Leon was an employee of a subcontractor, and the construction project was managed by the general contractor, Westpac Construction. Mr. Leon suffered serious and permanent injuries on the construction site as a result of a 16 foot fall caused by a defective fall protection system, installed by Tri-City Mechanical. The fall protection system was designed to hold over a thousand pounds, and yet it failed when Mr. Leon stepped on it. Mr. Leon, like many workers injured in construction accidents, was a victim of an unsafe work site. Although there were no eyewitnesses to the accident, Plaintiffs were able to recover $1.91 Million Dollars.
Mr. Leon's Significant Injuries
Mr. Leon lost consciousness after falling 16 feet to the floor below. Immediately after the accident, Mr. Leon was transported by ambulance to St. Joseph's hospital where the doctors found that he had sustained several spinal fractures and severe head trauma. He had to undergo several traumatic spinal surgeries, and he now lives with permanent screws placed in his spine.
Mr. Leon was only 29 years old when he suffered these life altering injuries, and because he suffered these permanent injuries at such a young age, he is going to have to deal with future medical expenses for the rest of his life.
Not only did this construction accident hurt Mr. Leon physically, it also hurt him emotionally and mentally. Mr. Leon was not able to interact and enjoy being with his family like he did before the accident. His injuries have made it very difficult for him to play and spend time with his three small children and his wife. Like many who suffer injuries from construction accidents, Mr. Leon often felt depressed from not being able to work to support his family. Construction accidents such as this one are devastating not only on the victim, but also to their family. Mr. Leon's children wanted to know why their father was so different. It was also difficult for Mr. Leon's wife.
Michael Personally Spoke to the Family on the Saturday They Called
Mr. Leon and his family knew right away that they would not be able to deal with the contractors and their insurance companies on their own, which is why they contacted the Law Office of Michael Cordova immediately after his accident. In fact, Mr. Leon's family first call to our office was on a Saturday. Michael Cordova spoke with them that same day to assure the family that we would be able to assist them during those difficult times.
Our attorneys were able to conduct a thorough investigation and preserve evidence and information regarding this accident. While our attorneys handled his case, Mr. Leon was able to spend his time concentrating on recuperation and rehabilitation. Through strength, perseverance, and much difficulty, Mr. Leon has recovered to the point that he can do many physical activities that he could do before the accident, including driving a car, working out, and performing repairs on his vehicle.
Michael Cordova Files Lawsuit in Complex Construction Case
On December 21, 2005 Michael Cordova P.C., filed a lawsuit in Maricopa Superior Court for Mr. Leon against Westpac Construction and Tri-City Mechanical in a case that ultimately involved 8 separate parties. The parties filed 3rd Party claims, cross-claims, and insurance companies also sought to intervene in the same lawsuit to have the court decide insurance coverage issues. We alleged that the primary cause of the fall was the failure of Westpac's fall protection system installed by Tri-City Mechanical.
This case, like most construction injury cases, was a complex matter. Several experts were assembled and 15 depositions were taken in this case to show the construction companies were liable for Mr. Leon's injuries. Our legal team, ultimately resolved this case for $1.91 million .
Torres v. State Of Arizona
One Million Dollars
A Phoenix family settled a lawsuit for one million dollars against the State of Arizona for the defective design, installation, and maintenance of the cable median barrier the State Route 101, that the family says contributed to the deaths of two family members. The family was represented by Phoenix attorney Michael Cordova, who spearheaded a lawsuit against the Arizona Department of Transportation.
In 2005, just a few days before Christmas of 2005, on December 22, Hilaria Rodriguez de Torres was a passenger in a minivan with her two daughters, Carolina and Maria. Carolina was driving the van southbound on Arizona State Route 101, in Glendale, as the women made their way home from work. An unidentified vehicle swerved into their lane, which caused Carolina to lose control of the minivan. The minivan left the highway and crossed over the cable median barrier into oncoming traffic on the northbound 101. The Plaintiffs argued that the median cable barrier was defectively designed and installed, and, as a result, did not stop the vehicle from crossing over.
The resulting collision was horrific. Five vehicles were involved. The Torres-Rodriguez family lost Hilaria and Maria when their vehicle was crushed. Carolina survived, but not without physical and psychological injury. The Plaintiffs asserted that this tragic accident was something that could have been prevented.
Our Legal Team Filed Lawsuit Against State of Arizona
The complaint was filed on December 19, 2006, Torres v. State of Arizona, Maricopa County Superior Court, Case No. CV2006-019365. The Plaintiffs argued that ADOT negligently designed, constructed, and maintained the median cable barriers at Milepost 7.0 on State Route 101. As a result, out of control vehicles contacting the cable median barriers at this location would not be prevented from crossing into opposing lanes of traffic, which are accidents known as a "cross-over collisions".
The State of Arizona Tried to Deny Liability
The State of Arizona argued that the driver of the minivan, Carolina Torres negligently lost control the van causing her to cross-over into northbound traffic on the State Route 101 becoming the "bullet vehicle" in the accident involving 5 vehicles. The State also argued that Hilaria and Maria were not wearing their seat belts and that the failure to do so caused the loss of life.
The Settlement of One Million Dollars
After almost two years following the filing of the lawsuit, the final papers are being filed with the court ordering the dismissal of the lawsuit. The Plaintiffs accepted a settlement of one million dollars, and the case was settled without going to trial.
Cable median barriers are intended to stop cross-over collisions, but must be properly designed, installed, and maintained. Plaintiffs argued that ADOT was advised of this problem, but failed to correct it.
Chavez v. Parker, C&S Sweeping Services, Inc
Jun 30, 2012
The lawsuit was dismissed as part of a settlement agreement paying Mr. Chavez $575,000.00 in damages.
In June 2011, Raul Chavez was working on the State Route 101 improvement project commissioned by the Arizona Department of Transportation to add High Occupancy Vehicle (HOV) lanes from Interstate 10 to Tatum Boulevard. While working at the construction site, Raul Chavez was laying paving wire for the paving machines when a street sweeper, operated by an employee of C&S Sweeping Services, Inc., drove over the paving wire and pulled it under the vehicle. Mr. Chavez became entangled in the wire, was dragged under the sweeper and suffered severe injuries.
Tiley v. Perlmutter
Aug 01, 1998
Brad Tiley accepted a settlement of $925,000, and the case was settled without going to trial.
Brad Tiley, was preparing for cataract surgery on both of his eyes. The anesthesia for cataract surgery, which involved needles, failed and ended up penetrating his left eye and detaching his retina. As a result he lost vision in his left eye
Lara v. US Xpress Enterprises, Inc
Mar 01, 2008
The Lara Family reached a settlement with the defendant for $750,000.00
Adrian Lara was killed when his vehicle was rear ended by a tractor-trailer belonging to US Xpress.