A recent court filing brings to light a harrowing incident where a contractor fell through a roof, leading to severe injuries and subsequent legal action. The complaint was filed by Idan Arbiv in the Superior Court of California, County of Santa Clara, on August 13, 2024, against Gary Pooler and other unnamed defendants.
The lawsuit stems from an incident that occurred on September 13, 2023. On that day, Arbiv was invited by Pooler to inspect the roof of a property located at 205 West Dunne Avenue in Morgan Hill, California. According to the complaint, Pooler had requested Arbiv to provide an estimate for replacing the entire roof. During this inspection, while measuring an area over the covered outdoor patio, the roof gave way beneath Arbiv’s feet. He fell through and landed on the concrete floor below, sustaining serious injuries.
Arbiv alleges that Pooler and his son failed to call an ambulance despite his evident pain and instead opted to drive him to the hospital themselves. The complaint further asserts that Pooler knew or should have known about the unstable condition of the roof but did not warn Arbiv or take measures to ensure its safety. "The portion of the roof that Plaintiff fell through was problematic," states the complaint, adding that it was covered with leaves and shadows from adjacent trees which obscured its dangerous condition.
Prior attempts by Arbiv to resolve his claim through Pooler's insurance company were unsuccessful. The insurance adjuster Angelo Rodriguez and his supervisor Amanda Perkins allegedly failed to engage in meaningful discussions regarding Arbiv's damages claim.
The lawsuit includes two causes of action: negligence and premises liability. For negligence, Arbiv claims that Pooler and other defendants failed in their duty to maintain a safe environment on the property. This failure directly resulted in significant physical harm to Arbiv. "Defendants' conduct was a substantial factor in causing harm," reads one part of the complaint.
In terms of premises liability, Arbiv argues that Pooler owned or controlled the property and thus had a responsibility to ensure it was safe for visitors like himself. The complaint asserts that Pooler neglected this duty by not maintaining or repairing hazardous conditions on the roof.
Arbiv is seeking monetary damages for medical expenses, loss of earnings, pain and suffering, both past and future. He also requests general and special damages as well as punitive damages according to proof presented during trial. Additionally, he seeks prejudgment interest at the lawful prevailing rate along with coverage for costs incurred during litigation.
Representing Idan Arbiv are attorneys Dennis P. Wilson from Wilson Trial Group based in Burbank, CA, and Danish A. Shahbaz from The Shahbaz Firm APC located in Los Angeles. The case has been assigned Case No. 24CV445079 with Judge M. Bui overseeing proceedings.