$29 Million Electrical Injury Case — A 36-year old lineman foreman suffered catastrophic injuries when he came into contact with a 7,200-volt power line. Plaintiff was working from an elevated workbasket installing a fiber-optic cable system. Plaintiff's co-worker was slowly driving the bucket truck around a turn in the highway, while plaintiff elevated his workbasket and the fiber-optic support cable over redwood trees that posed an obstacle to his work. In doing so, plaintiff backed into a power line that contacted the back of his neck and hard hat. Plaintiff suffered bilateral amputation of both arms, burns over 45 percent of his body and paraplegia.
CAL OSHA concluded that the sole fault of the accident was due to Plaintiff and his employer, SG Barber. Due to bankruptcy issues facing defendants Adelphia Communications and Mobile Tool International, three separate legal actions were filed and later consolidated as follows: (1) a negligent construction management case against defendants Adelphia, Pauley Construction and FJS (hereinafter referred to as A construction defendants"); (2) a negligent maintenance of premises case against defendants PG&E, Pacific Bell, Western Environmental Consultations (WECI) and Davey Tree Surgery (hereafter referred to as "premises defendants"); and (3) a product liability case against the manufacturer/successors in interest of the uninsulated bucket truck from which plaintiff was working when injured, i.e. Mobile Tool International (MTI), American Premier Underwriters (APU) and General Cable Corporation (hereafter referred to as "product defendants").
As to defendants Adelphia, Pauley and FJS, plaintiff alleged that the construction defendants negligently managed and coordinated the project creating a A blueprint for disaster. These defendants failed to provide make ready sheets to the SG Barber crews, thereby preventing them from safely planning their work. The make ready sheets provided detailed information as to the height of attachment of power and cable at every pole location and notes where trees needed to be trimmed that might pose obstacles for work to be performed. Plaintiff's supervisor had repeatedly asked the construction defendants for the make ready sheets but was told that they were not available and was instructed to proceed with the work.
Plaintiff also contended that the construction defendants provided a defective work map, which failed to note the location of the power pole on the opposite side of the highway where he was working. Plaintiff claimed that the power line with which he contacted crossed the road diagonally and was out of his field of vision. A properly detailed map would have identified a diagonal crossing power line. Plaintiff finally contended that the construction defendants had ordered work to be performed without utility company approval and took every safety shortcut possible to expedite the completion of this project before Adelphia=s looming bankruptcy. Once Adelphia was in bankruptcy, it would not have to pay contractors such as Pauley Construction. Adelphia filed for bankruptcy protection one month after the accident. Pauley Construction lost over $4 million as a result of the bankruptcy.
As to the premises defendants, plaintiff alleged negligence in failing to maintain proper clearances between the redwood trees and power line. The defendants argued that proper clearances had been maintained and that the private property owner upon whose land the redwood trees existed had refused permission to cut down trees, thus asserting that they had complied with all required codes and procedures.
As to the product liability defendants, plaintiff claimed that the bucket truck was defective as it lacked insulation to protect a worker from a foreseeable hazard. Defendants denied their product was defective, asserting that it was standard in the industry to use uninsulated lifts to install telecommunication equipment. In addition, the bucket truck was replete with warnings about the risk of equipment and operating too close to power lines.
Mr. Tuiaki was hospitalized for over seven months and underwent 14 surgeries. His wife, Lupe, age 37, was five months pregnant at the time of the accident with their second child. Their oldest child was four years old at the time. Mrs. Tuiaki claimed a major loss of consortium due to her husband's severe injuries.
Plaintiff claimed past and future medical expenses and wage loss over $13 million, which was disputed by the defendants.
The total settlement package was $29 million, broken down as follows: $3 million from FJS Cable, $5 million from the product liability defendants, $5 million from the premises liability defendants, $4 million from SG Barber, $5 million from Adelphia, $14 million from Pauley Construction and a waiver of the $6 million workers' compensation lien.
Amazingly, Mr. Tuiaki has obtained a general contractor's license and opened up his own business where he actively oversees construction from his wheelchair with the assistance of his wife, Lupe. Mr. Tuiaki is an inspiration to all disabled persons and an example of a person triumphing over incredible adversity.
$17 Million Electrical Injury Case — The firm negotiated a settlement involving a well-known television reporter in Southern California, who was electrocuted while covering a news story. Adrienne was in a van being driven by her photographer. The driver parked the van on the driveway of an automotive shop, which allowed the microwave antennae to angle toward the power lines as the mast extended up into the sky. Adrienne was unaware of this dangerous condition and was in the process of preparing to cover the story when she suddenly heard her driver and others start screaming for her to get out of the van. Adrienne hurriedly exited the van and as soon as her right foot touched the electrified ground, the electric current flowed through her body, causing her devastating injuries. The broadcasting company for whom Adrienne worked had never given its employees training on how to avoid electrocutions or electrical burns during usage of ENG equipment, nor did the company make its employees aware of any ENG emergency procedures to follow in the event an ENG van mast or antenna inadvertently contacted an overhead power line, which would electrify the van.
Hot Air Balloon Crash - We represented the surviving daughter of a couple who were killed in a hot air balloon crash when the gas tank on board the hot air balloon exploded after the balloon struck a high-voltage power line. This was a products liability case against the manufacturer and seller of the hot air balloon and the gas tank. Through extensive testing, we were prepared to prove that the fuel tank should have been protected by an insulation shield that would eliminate or reduce the risk of a tank explosion in the event of a power line strike by a hot air balloon. Rather than risk a jury verdict, the defendants agreed to settle for a confidential sum that included a large immediate cash payment with substantial annual cash payments continuing for the lifetime of the daughter of the decedents.
