Attorneys John M. Dodig and Jason A. Daria obtained an $11.3 million settlement* for Jerry Kielty, a 54-year-old shotcrete concrete pump operator who fell through an unguarded open hole at a construction site in San Jose, Calif. on August 22, 2008. This was a multi-building construction site where condominiums were being built. Mr. Kielty fell approximately 20 feet causing cervical and thoracic fractures that left him with paraplegia. A lawsuit was filed against eight defendants, including the general contractor, carpentry contractor, masonry contractor, developers, fire sprinkler company, and other subcontractors. These companies contributed to a global settlement of $11.3 million.
In addition, plaintiff’s counsel negotiated an agreement with Mr. Kielty’s worker’s compensation carrier wherein all of Mr. Kielty’s medical bills will be paid for the rest of his life. Conservatively, this agreement with the worker’s compensation carrier should provide Mr. Kielty with an estimated additional $8 million in compensation bringing the total settlement to nearly $20 million. The settlement monies will be used to provide care to Mr. Kielty for the rest of his life. The case was litigated in Santa Clara County Superior Court in San Jose, Calif.
*Attorneys Dodig and Daria handled this case on a pro hac vice basis, which is when lawyers not licensed in a particular state associate with a lawyer who is licensed in that state and obtain the court’s permission to jointly represent a client in a specific matter.