A construction worker's life took a drastic turn after a fall from an elevated platform, leading to severe injuries and a legal battle. On September 3, 2024, Jaime Vargas, Jr. filed a complaint in the Superior Court of California for the County of Santa Clara against unnamed defendants identified as Does 1-50.
The case revolves around an incident that occurred on April 2, 2018, at a construction site located at 3200 Red Wolf Drive in Carmel, California. Vargas was employed by Metal Specialties as a laborer when he fell approximately 15 feet from an elevated platform that lacked essential safety features such as handrails or guardrails. The plaintiff alleges that this fall resulted in severe injuries necessitating multiple surgical procedures.
According to the complaint, the defendants were acting as general contractors on the project and are accused of failing to provide adequate safety measures. "Defendants negligently, carelessly, and recklessly constructed, coordinated, inspected, maintained... the job site," states the complaint. Vargas contends that the defendants breached their duty of care by not ensuring that proper fall protection devices were in place and by allowing work to proceed under unsafe conditions.
The lawsuit further alleges violations of several CAL/OSHA regulations and Labor Code statutes concerning workplace safety. These include specific sections of the California Code of Regulations Title 8 (Sections 3210, 3212, and 1632), which mandate safeguards like guardrails for elevated platforms. The complaint argues that these violations constitute negligence per se because they directly contributed to creating a hazardous work environment.
Vargas is seeking various forms of relief from the court. He requests repayment for all special damages incurred due to his injuries, including past and future wage loss and medical expenses. Additionally, he seeks general damages according to proof, pre-judgment interest as allowed by law, attorney fees where applicable, and other costs associated with the suit.
Representing Jaime Vargas Jr., Gregory C. Cattermole filed this case under Case No. 240446544 in front of Judge M. Bui.