Defense-Favorable Verdict: $100M Jury Ask in Catastrophic Injury Case.
WWHGD attorneys Chaz D. Klaes, Christopher G. Garten, and Hugo C. Diaz secured a significant defense-favorable verdict at trial in El Paso, Texas, where the plaintiff sought $100 million in damages for an on-the-job eye injury. The plaintiff alleged that the general contractor failed to ensure proper safety measures during an underground power cable replacement project. He claimed permanent vision loss, disfigurement, impairment, and sought medical expenses, pain and suffering, and exemplary damages. The defense countered that the client had fulfilled its responsibilities by implementing safety rules, conducting daily meetings, and making PPE available. Plaintiff’s direct employer bore the responsibility for supplying PPE, and the plaintiff, despite training, previous eye injuries, and full stop-work authority, chose to continue working without his required protective equipment. After hearing testimony from the plaintiff’s eye surgeon and arguments from both sides, the jury awarded $217,000 in total damages, but the client's share, after apportionment, was limited to $54,250 -- a fraction of the $100 million sought.
