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Yet Another Trial Victory!

Posted by Matthew S. Constantino | Aug 26, 2024 | 0 Comments

Partners Christopher J. Beeman and Andrew K. Murphy obtained a defense verdict after a contentious four-week trial in Northern San Diego County.  The high exposure personal injury case involved a gardener who came to the defendant's home to inspect a dripping water heater in her garage.  After walking through a puddle of water on the garage floor, the plaintiff fell from his work truck, landed on his head, and was knocked unconscious.  The plaintiff fractured his skull, underwent an emergency craniotomy and was in a coma for approximately three weeks.  He sustained a significant and verifiable traumatic brain injury which impacted his lifestyle drastically.

Plaintiff claimed that he was an employee of the homeowner defendant which required her to have workers' compensation insurance and would have shifted the burden of proof at trial.  Defendant's motion for summary adjudication on the issue was denied, as was the writ they filed against their trial judge only a few weeks before trial commenced.  Their motions in limine to bifurcate the issue of insurance from the injury aspect of the case were also denied.  Plaintiff also claimed that the homeowner's negligence caused him to fall and land on his head.  Chris and Andrew were able to demonstrate to the jury that the plaintiff unfortunately fell out of his own truck on his own volition.  Moreover, they showed that the work performed by the plaintiff did not require a license and make him an employee of the homeowner and, regardless, that she had the requisite workers' compensation insurance.  A motion for non-suit on breach of statutory duty was granted and the burden of proof did not shift to the defendants.

About the Author

Matthew S. Constantino

Matthew S. Constantino is a Partner with Clapp, Moroney, Vucinich, Beeman & Scheley, and has been with the firm since 2005. Matt has extensive experience successively representing prominent developers, general contractors, subcontractors and design professionals in hundreds of large and complex lawsuits throughout California, frequently serving as lead defense counsel. As part of his practice, Matt has particular expertise in the relationship of insurance to construction related matters, including obligations to defend, tenders and indemnity related issues. He has significant experience in litigating construction and construction defect matters and advising clients concerning risk management, contract formation and negotiation, and insurance issues. Matt also has extensive experience in handling matters on behalf of developer, general contractor and trade contractors involving Civil Code section 895 et seq. (SB800) claims. His experience has allowed his clients to successfully navigate the statutory requirements of SB800, as well as resolving claims in an efficient and effective manner while limiting or avoiding subsequent litigation.

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