Ericksen Arbuthnot Prevails in Construction Site Injury Case

March 11, 2019

Michael E. Lehman, a partner in the Firm’s Fresno office, successfully obtained a complete defense verdict on behalf of a general contractor in a construction site injury case in Merced County Superior Court, following a week-long jury trial that concluded on March 1, 2019.

In this hotly-contested action, Mr. Lehman represented a general contractor from Woodlake, California which contracted with the Los Banos Unified School District to build a junior high school in Los Banos, California.  Plaintiff, a school board trustee for the Los Banos Unified School District, was injured during a tour of the construction site.  Plaintiff injured herself as she attempted to enter a building under construction, sustaining a large laceration to her left leg among other injuries and damages.  Plaintiff contended at trial that the contractor created a dangerous condition at the work site and was negligent in not providing more guidance during the tour.  Mr. Lehman argued that his client created as safe a work site as possible and no dangerous condition existed.  He also contended that plaintiff had notice of the condition and assumed the risk of injury by knowingly encountering the risk. 

The jury deliberated for only 20 minutes before returning with a complete defense verdict.