Texas Verdicts

Plaintiff(s):

Alberraman Castillo (Male, 31 Years)

Plaintiff Attorney(s):

Ryan Sorrells;
Law Office of Domingo Garcia, P.C.;
Dallas,
TX,
for
Alberraman Castillo

Defendant(s):

Henry Sanchez, 

First Texas Homes Inc., 

Antonio Sanchez Balderas

Defense Attorney(s):

W. Dean Cook;
Ramos Law Firm;
Farmers Branch,
TX,
for
Henry Sanchez ■ Guillermo H. Ramos;
Ramos Law Firm;
Farmers Branch,
TX,
for
Henry Sanchez ■ Kevin C. Moran;
Shamoun & Norman, LLP;
Dallas,
TX,
for
First Texas Homes Inc.

On Oct. 21, 2013, plaintiff Alberraman Castillo, 31, a day laborer, was using a circular saw to cut wood at a residential construction site in Grand Prairie, where the general contractor on the project was First Texas Homes Inc., and the framing subcontractor was H Sanchez Construction, a nonsubscriber to workers’ compensation. Castillo had disabled the guard of the saw. After he cut a piece of wood, the still-spinning blade contacted Castillo’s right ring finger, causing near-complete amputation at the distal joint. Sanchez’s brother, Antonio Sanchez Balderas, was also working at the site. He was on the roof, and Castillo was on the ground. Castillo sued Henry Sanchez, operating as H Sanchez Construction, for negligence and gross negligence in failing to provide a safe workplace and instructing Castillo to disable the guard of the saw. Castillo also sued First Texas Homes and later added Balderas, but First Texas was granted a summary judgment about a year before trial, and Balderas was never served. The main issue at trial was whether Castillo was Sanchez’s employee, as Castillo claimed. Generally, there are no affirmative defenses to an employee’s claim of negligence in a nonsubscriber case. The case went to trial against Sanchez only. Castillo testified that Sanchez and Balderas had told him to disable the guard so that he could cut the wood faster. He said they also told him how to do it, and that they were yelling at him to work faster when the injury happened. Castillo testified that both he and Balderas were employees of Sanchez; that Balderas was a manager for Sanchez; that both Balderas and Sanchez were supervising Castillo and exercising control over the details of his work; and that he had been working under Balderas and Sanchez for a week. Castillo also testified that Sanchez was right next to him when the incident occurred. He said Sanchez was taking the wood as it was cut and passing it up to Balderas on the roof. Sanchez denied being on the premises or having ever seen or met Castillo. He said Castillo was not an employee, but an independent contractor of an independent contractor (Balderas). Sanchez also asserted that Castillo’s own negligence proximately caused the incident.

Balderas took Castillo to the emergency room, where doctors surgically amputated the fingertip of his right dominant ring finger. The injury also caused nerve damage in his finger. He went back to the hospital and to a chiropractor several times, for physical therapy consisting of therapeutic hand exercises and grip strengthening. He also claimed that the injury site hurt during contact or cold weather. He went to a medical doctor for electrodiagnostic testing to establish the extent and severity of the nerve damage. His last visit to any doctor was on April 2014. The medical doctor’s records said Castillo would probably need surgery, but did not say what kind. Castillo sought $32,741.74 for past medical expenses; one to two times that amount for future medical expenses; and $3,000 to $5,000 for past lost earning capacity. He also sought past and future physical pain; past and future mental anguish; past and future physical impairment; and past and future disfigurement. His attorney suggested a total award of about $800,000.

The jury found that Castillo was acting as Sanchez’s employee on the date of the incident; that Sanchez was negligent; and that Castillo’s damages were $190,741.74. The jury did not find gross negligence.

Alberraman Castillo: $32,742 Personal Injury: Past Medical Cost; $18,000 Personal Injury: Future Medical Cost; $25,000 Personal Injury: Past Physical Impairment; $100,000 Personal Injury: Future Physical Impairment; $10,000 Personal Injury: past physical pain; $5,000 Personal Injury: past lost earning capacity

Judge:

Melissa Bellan

Trial Length:

2
 days

Trial Deliberations:

2
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.