California Verdicts

Plaintiff(s):

Fernando Sanchez (Male, 53 Years)

Plaintiff Attorney(s):

Roger E. Booth;
Booth & Koskoff;
Torrance,
CA,
for
Fernando Sanchez

Defendant(s):

Ian Galyan, 

Vicente Pena, 

Agri-Mix Transport Inc., 

Seaco Technologies Inc., 

Juarez Brothers Trucking Inc.

Defense Attorney(s):

Patrick S. Schoenburg;
Wood Smith Henning & Berman LLP;
Fresno,
CA,
for
Vicente Pena, Agri-Mix Transport Inc., Juarez Brothers Trucking Inc. ■ None reported;

for
Ian Galyan, Seaco Technologies Inc.

Insurer(s):

Unigard Insurance Co. (primary carrier – $1 million policy) for Agri-Mix Transport Inc.
Hallmark Insurance Co. (excess – $2 million policy) for Agri-Mix Transport Inc.

On Dec. 8, 2010, plaintiff Fernando Sanchez, 53, a plumber for Grimmway Farms, a large carrot processing operation, was driving a forklift when he was impaled by a 20-foot-long metal pole that was part of a gate that had been left open, directly in his path. The end of the gate went through the front of the forklift, through Sanchez’s body and exited out the back of the forklift. Ordinarily, the gate was closed, but on the limited occasions when it was opened, the gate was to be opened toward the east, pushed flush against a large structure, and secured with a pin. However, at the time that Sanchez encountered the gate, it was pointing toward the southwest and left unsecured. No one saw who opened the gate. Sanchez sued two individuals believed to have played a role opening the gate and leaving it open, Vincente Pena and Ian Galyan; Pena’s employers, Agri-Mix Transport Inc. and Juarez Brothers Trucking Inc.; and Galyan’s employer, Seaco Technologies Inc. Sanchez alleged that the individuals were negligent for opening the gate in the wrong direction and leaving it open and that the companies were liable for their employee’s actions. Galyan and his employer, Seaco Technologies, which was a company that supplied chlorine cylinders for Grimmway Farms, were ultimately dismissed from the case after it was determined that they did not play a role in causing the accident. Plaintiff’s counsel noted that a Grimmway safety supervisor testified that she saw the gate in a closed position approximately 45 minutes before the accident. Counsel also noted that a trail of water showed that a truck had driven through the area normally closed off by the gate at around the time of the accident. Counsel further noted that Pena, a driver employed by Agri-Mix Transport/Juarez Brothers Trucking, admitted that he had driven through the area. In addition, plaintiff’s counsel noted that records kept by Grimmway showed that Pena exited the plant at around the time of the incident, which placed Pena at the subject gate approximately 10 minutes before the accident. Plaintiff’s counsel contended that there was no one else who had any reason to open the gate during that time period. Thus, counsel asserted that Pena opened the gate in order to drive his truck through the restricted area because the route he normally took to exit the area where he would load his truck with carrots was blocked. Counsel further asserted that Pena’s time records showed that he had worked almost two days without a substantial break and that, therefore, Pena was most likely tired and susceptible to lapses in judgment. Pena admitted that he had driven through the area, but he denied touching the gate. Instead, Pena claimed that the gate was already open (facing to the east) when he drove through the area. Counsel for Pena, Agri-Mix Transport and Juarez Brothers Trucking contended that Pena had never been given clear instructions about whether or not he could open the gate or drive on the driveway that was normally closed off by the gate. Accordingly, counsel asserted that Pena did not open the gate and that even if he did open it, he had not been clearly instructed not to do so. Thus, counsel asserted that some, or all, of the fault was attributable to Grimmway Farms, which controlled the facility and, to some extent, supervised the outside truck drivers that came in.

Sanchez was impaled by a 20-foot-long metal pole gate that had been left open, causing the end of the gate to go through the front of the forklift, through Sanchez’s body, and exited out the back of the forklift. He was subsequently taken to a hospital, where it was determined that one of his kidneys was destroyed due to the large metal pole going straight through it. It was also determined that Sanchez’s other kidney was badly damaged and that he suffered substantial damage to his legs, including compartment syndrome. He ultimately underwent multiple surgeries to treat his internal injuries, a hernia, and leg injuries. As a result, Sanchez spent a full year as an inpatient at multiple hospitals. Sanchez claimed he now requires dialysis three times per week and he is awaiting a kidney transplant. He also claimed he is still very limited in his ability to walk. Grimmway Enterprises Inc., the operator of Grimmway Farms, Sanchez’s employer, paid over $2 million in workers’ compensation benefits. Thus, it asserted a lien in that amount.

As a result of mediation, Grimmway agreed to accept $250,000 to resolve its lien, plus a $100,000 credit in the ongoing workers’ compensation case. Agri-Mix Transport/Juarez Brothers Trucking agreed to tender their $3 million policy limits to settle the case with Sanchez. Since there was no dispute that Pena was acting within the course and scope of his employment with Agri-Mix Transport/Juarez Brothers Trucking, Pena was dismissed from the case. Of the total settlement, $2.75 million was apportioned to Sanchez and $250,000 was apportioned to Grimmway to satisfy the workers’ compensation lien.

Judge:

Lorna H. Brumfield

Alan Saler

This report is based on information that was provided by plaintiff’s counsel. Counsel for Pena, Agri-Mix Transport and Juarez Brothers Trucking did not respond to the reporter’s phone calls and counsel for the remaining defendants were not asked to contribute.