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ARTICLE ID 7705

$________ Work site accident - Failure to provide a safe workplace alleged against defendant general contractor - Negligence additionally alleged against codefendant subcontractor which provided " spotter " to direct backhoe driver - Spotter negligently gestures backhoe operator, resulting in backhoe striking plaintiff - Concussion - Cervical sprain - Aggravation of preexisting lumbar and knee conditions.

Orange County, California

This action arose out of a work site accident involving a 50-year- old male plaintiff electrician, who was struck by a moving backhoe as an alleged result of the negligence of the backhoe operator and the negligence of the " spotter " assigned to direct the backhoe. Suit was brought against the general contractor p 7 3 (Pepper Construction Company Pacific) and against the subcontractor operating the backhoe which struck the plaintiff.

The subject incident occurred on November 24, ________, at a construction site for the Disney California Adventure project in Anaheim, California. The plaintiff claimed that a spotter, provided by the defendant Pepper Construction Company Pacific to direct the backhoe driver to a demolition site, was negligent in gesturing the backhoe operator to proceed and in positioning himself too far from the backhoe to prevent the plaintiff from crossing its path of travel. The plaintiff suffered multiple injuries, including head trauma with resulting concussion, cervical sprain and aggravation of preexisting lumbar and knee conditions. The plaintiff claimed loss of earnings ranging between $________ and $________ (past and future).

The defendant subcontractor was nonsuited and the case proceeded against the defendant general contractor. The defendant general contractor argued that the spotter acted reasonably and carried out his duties properly. The defendant asserted that the plaintiff caused the accident by negligently stepping into the path of the moving backhoe.

The jury found for the plaintiff and returned a verdict of $________, including $________ in economic damages.

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