 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Davila v. Nickell10/26/2005
out the work needed to complete the construction project.
The Accident
Two months after the Louies left for Hong Kong, Nickell hired Barraza and Davila to perform taping/drywall work on the Sun Villa apartments. Barraza and Davila began work on Thursday July 25. When Barraza and Davila returned the next morning, Joadd's foreman told Barraza that other workers would be performing the taping/drywall work, but asked Barraza and Davila to cut roof overhangs on the apartment buildings and then install fascia board on each building. Barraza agreed to do this at $15 an hour, and Davila at $13 an hour.
When Barraza asked whether there was any equipment to perform the demolition work, Joadd's foreman responded that there was no equipment or lift, and that Barraza and Davila should get a step ladder and "jump up there [to the second-story roof]." The foreman said Barraza should cut the overhang by "hang over the side [of the roof]." When Barraza asked if there were any harnesses or safety belts, the Joadd foreman said "what do you need that fucking thing for?"
Barraza then climbed on the roof while Davila finished some drywall work. Barraza lay on his stomach and leaned over the side and began sawing. He stopped because he felt it was "dangerous," and felt like he was "falling." Barraza decided to wait for Davila to finish the drywall work, so that Davila could come up to the roof and hold him up while he was leaning over the roof. When Davila finished the drywall work, the two men then climbed back on the roof, and Barraza lay on his stomach, with his chest hanging over the roof. Davila sat next to him holding on to his tool belt. It took Barraza 45 minutes to cut the first overhang in that position.
When Barraza repositioned himself and began to cut the second overhang, the overhang broke and Barraza was pulled over the side. As he was falling, Barraza saw the unprotected post directly below the roof and moved his body enough to avoid the post except that the side of his face hit the post, and then he hit the ground. When Barraza looked over he saw that Davila had also fallen off the roof and was "impaled on the pole" through his chest. Davila cried for Barraza not to leave him. Davila died shortly thereafter. Barraza suffered a broken ankle, facial injuries, and mental and emotional problems resulting from the fall.
Events Occurring After the Accident
Within hours after Davila died from his injuries, Rumjahn and Nickell realized the serious financial consequences of the accident because neither Joadd nor Sun Villa Inc. had workers' compensation insurance. To avoid these financial consequences, Rumjahn and Nickell concocted a scheme to retroactively transfer ownership of the construction contract to an individual, Joseph "Freddie" Rodriguez, who was a licensed contractor and who they thought had workers' compensation insurance. Shortly after the accident, Rumjahn and Nickell convinced Rodriguez to act as if he were the owner of the project through a backdated transfer of the construction contract, and then these parties engaged in numerous complicated acts to create this false impression.
Soon after the Louies returned from Hong Kong in early August, they learned of the accident. Plaintiffs presented evidence from which it could be inferred the Louies were told of the fraudulent scheme to hide Joadd's employer status, and that the Louies approved of this scheme.
In October 1996, Rodriguez decided he did not want to be '"part of the scam anymore'" and notified Davila's parents of the fraudulent scheme.
The Lawsuits
Within one year of the accident, Davila's parents, Maria and
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|