A recent court filing highlights a severe case of alleged negligence and labor law violations at a construction site in San Francisco. On August 5, 2024, Mario Rene Rivera-Canastuj filed a complaint in the Superior Court of California, County of San Francisco, against the Landau Family Revocable Trust, Jean Marc Landau, Opus Construction, Oscar Mackey, Nassaf Ayyad, Marlon Hernandez, and additional unnamed defendants.
The incident in question occurred on August 11, 2023. Rivera-Canastuj was working at a property located at 1697 Oak Street in San Francisco when he suffered injuries due to the collapse of a staircase. The plaintiff alleges that the defendants were responsible for managing and controlling the premises and failed to ensure proper safety measures. According to the complaint, "Defendants hired contractors to perform work on the premises which they knew or should have known were unlicensed and/or operating without Workers Compensation insurance for the benefit of employees."
Rivera-Canastuj asserts that both general contractors (Opus Construction) and subcontractors (including Marlon Hernandez) controlled all work on-site but did not provide workers' compensation insurance. The plaintiff claims this lack of insurance coverage is a direct violation of California Labor Code §3706 and §2750.5. The complaint states: "Defendants...did not have in place and in effect workers compensation coverage for his benefit," adding that their failure to provide such coverage was done with "conscious disregard" for his safety.
The dangerous conditions at the site allegedly included inadequate safety procedures and warnings. Rivera-Canastuj describes how he was injured while carrying materials up a set of stairs that collapsed under him—a condition he claims was known or should have been known by the defendants. As a result of these events, Rivera-Canastuj sustained injuries causing significant physical pain and suffering as well as emotional distress.
The plaintiff seeks various forms of relief from the court: general and special damages according to proof presented during trial; interest according to proof; penalties as stipulated under relevant labor codes including attorney fees and costs; and any other relief deemed just by the court. Additionally, Rivera-Canastuj has demanded a jury trial.
Representing Rivera-Canastuj is Lawrence A. Strick from Strick Law Offices based in San Rafael, CA. The case has been assigned Case No.: CGC-24-61699 in front of an unspecified judge at this time.