McManis Faulkner 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. Kielty also successfully settled with his worker’s compensation carrier, which guaranteed payments of his medical bills for life.
The case, Kielty v. Advent, et al., was litigated in Santa Clara County Superior Court and involved 10 defendants, including the general contractor, carpentry contractor, masonry contractor, developers, fire sprinkler company and other subcontractors. The defendants contended they took all reasonable steps to maintain workplace safety and that the plaintiff was at fault for the accident.
After four years in court that saw the defeat of numerous summary judgment motions, McManis Faulkner successfully negotiated a global settlement with the defendants. The firm then worked with the client to obtain a trust to ensure care for him for the rest of his life.