A tree removal job gone horribly wrong has led to a significant legal battle in Santa Clara County. On June 10, 2024, Jose Luis Garcia Garcia filed a complaint against John Klusendorf and other defendants in the Superior Court of California, alleging severe negligence and failure to provide a safe working environment.
The lawsuit centers around an incident that occurred on January 17, 2023, at 1665 Diana Avenue in Morgan Hill, California. According to the complaint, Garcia was hired by the defendants to remove a diseased oak tree from the property. During the course of his work, a large branch unexpectedly snapped and caused his chainsaw to make contact with his left arm, resulting in severe injuries. The plaintiff asserts that he was not provided with adequate safety equipment or proper supervision for such a dangerous task.
Garcia's attorneys argue that the defendants violated multiple statutory and regulatory provisions. "Defendants failed to secure the payment of workers’ compensation benefits as required by Labor Code sections 3700 and 3706," states the complaint. Furthermore, it alleges that the defendants did not obtain necessary permits for tree removal and failed to ensure that only qualified individuals performed and supervised the work. This lack of due diligence is said to have directly contributed to Garcia's injuries.
The plaintiff seeks both general (non-economic) damages for physical pain and suffering as well as special (economic) damages for medical expenses and loss of income. Additionally, Garcia is asking for pre-judgment and post-judgment interest, reasonable attorney fees pursuant to Labor Code §4555, and a 10% penalty under Labor Code §4554.
Representing Jose Luis Garcia Garcia are attorneys Eustace De Saint Phalle and John C. Bollier from Rains Lucia Stern St. Phalle & Silver PC. The case has been assigned Case No. 24CV440833 and will be presided over by Judge M. Suarez.