Construction Site Fall Case

Dominguez v. NW Kitchen Designs LLC, Multnomah County Case No. 17CV17439

Plaintiff Dominguez was at a home with the owner to look at a bathroom that the owner wanted to be painted. The owner had a general contractor remodeling the house. Defendant NW Kitchen Designs was a subcontractor hired to install new flooring.  NW Kitchen Designs had hired another company to do some tile work.

The bathroom lighting was disconnected, and a duct grate had been removed leaving an uncovered duct in the flooring.  When Dominguez went to the bathroom to look at the painting job, she fell into the opening.  She alleged that she suffered a torn hip labrum that required surgery and then ultimately a total hip replacement.   She sought $86,824.76 for past medical expenses, $42,000 for future medical expenses, $66,000 for lost wages and $800,000 for non-economic damages.

Dominguez initially sued the homeowner, the general contractor, NW Kitchen Designs and the tile company for negligently leaving the uncovered duct in a dark room where they should have expected foot-traffic.  Before trial, Dominguez settled with the homeowner, the contractor and the tile company.   However, all the parties remained on the verdict form for comparing negligence as required by ORS 31.600.

Defendant NW Kitchen Designs denied liability and argued that Dominguez was injured due to her own negligence for failing to keep a proper lookout.

Plaintiff’s Counsel – Josh Lamborn

Defense Counsel – Carl Rodrigues

Verdict – $190,524.13 ($388,824.76 total verdict.  NW Kitchen Designs was deemed 49% responsible so the verdict was reduced according to ORS 31.610).

Date – November 5, 2018

 

November 19, 2018

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