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Plaintiff alleges negligence against construction company following job site injury

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiff alleges negligence against construction company following job site injury

State Court
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In a recent court filing, Maria Hilda Gomez De Martinez has lodged a personal injury complaint against William O'Neill and WM O'Neill Lath & Plastering Corporation. The complaint was filed by the plaintiff on May 23, 2024, in the Superior Court of California, County of Santa Clara, under case number 24CV439751.

The incident that led to this legal action occurred on January 20, 2024. According to the complaint, Gomez De Martinez was present at a construction job site in Santa Clara County when she was struck by a vehicle driven by William O'Neill. The collision caused her to fall under the truck, resulting in significant injuries. The plaintiff alleges that O'Neill and his company were negligent in their actions leading up to and during the incident.

Gomez De Martinez's complaint details several accusations against the defendants. She asserts that William O'Neill and WM O'Neill Lath & Plastering Corporation were responsible for operating the vehicle involved in the accident. Furthermore, she claims that O'Neill was acting as an agent or employee of WM O'Neill Lath & Plastering Corporation at the time of the incident. The plaintiff also accuses the corporation of negligent hiring, training, and supervision of its employees and agents.

The complaint highlights various forms of negligence attributed to the defendants. It states that they "negligently entrusted, managed, maintained, drove, operated, repaired, manufactured and designed" the vehicle involved in the collision. As a result of this alleged negligence, Gomez De Martinez suffered both economic and noneconomic damages. These include past and future medical expenses, loss of income and earning capacity, loss of ability to provide household services, physical and mental suffering, loss of enjoyment of life, physical impairment, inconvenience, anxiety, and emotional distress.

In her prayer for relief from the court, Gomez De Martinez seeks several forms of compensation. She requests noneconomic damages exceeding the jurisdictional limit of the court as well as reimbursement for all medical and incidental expenses incurred due to her injuries. Additionally, she seeks compensation for lost earnings according to proof presented during litigation. The plaintiff also asks for prejudgment interest where permitted by law and coverage for all costs associated with bringing this suit forward.

Representing Maria Hilda Gomez De Martinez is attorney Kelsey J. Fischer from Dreyer Babich Buccola Wood Campora LLP. The case will be reviewed by Judge J. Nguyen in Santa Clara County Superior Court under case ID 24CV439751.

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