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| Workplace Safety |
| Undocumented worker's hand was amputated after wrist injury
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| Settlement: $985,000.00 Attorney fees: $394,000 Litigation expenses: $35,000 |
| Case Type: Workplace, Negligence, Workers' Compensation - Workers' Comp Non-Subscriber |
| Case: Edgar Contreras a/k/a Hector Villarreal v. Le Bouf's Bindery Inc., No. 38009 |
| Venue: Brazoria County District Court, 149th, TX |
| Judge: Robert E. May |
| Date: 11-09-2007 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Insurer:
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| Facts: On April 5, 2006, plaintiff Edgar Contreras, 17, a helper at Le Bouf's Bindery Inc. in Pearland, sustained an on-the-job injury. He said that he put his hand in a running paper-binding machine and that part of the machine came down on his left wrist. The company was a nonsubscriber to workers' compensation. Contreras, who was also known as Hector Villareal, sued Le Bouf's Bindery for failing to supervise him. The defense contended that it did supervise Contreras, and that he was the sole proximate cause of the incident. Each side designated a safety expert.
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Injury: Two days after the injury, Contreras's left, non-dominant hand was surgically amputated at the wrist. His past medical bills were $30,117.04. For the future, he claimed outpatient physician services, therapeutic services, medication, diagnostics, inpatient care, home modifications, vehicle modifications and prosthetics. Contreras claimed past lost wages of $40,440, as well as future lost earning capacity. He also claimed past and future pain and suffering, physical impairment and disfigurement. He designated a physician life care planning expert, a vocational rehabilitation expert and an economic expert. Le Bouf's Bindery contended that the treating surgeon was negligent, but for which the amputation would not have been necessary.
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Verdict Information The case settled. When Contreras first sued, Le Bouf's Bindery denied having insurance, but discovery disclosed a $1 million umbrella policy, subject to $500,000 in primary coverage. Because Le Bouf's Bindery had failed to maintain the primary coverage, the umbrella carrier sent the defendant a reservation of rights letter, but it defended the case and paid the full settlement. Because the settlement was under the $1 million policy limit, Contreras had the option of structuring some or all of it, said his attorney. Contreras is an undocumented immigrant, his attorney noted.
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Editor's Comments This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
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Awarded: $985,000 settlement; $394,000 attorney fee; $35,000 expenses
