Plaintiff Daniel Zamarippa, 24, a painter, fell from a balcony while he was texturing a ceiling on a townhouse construction site. There were no safety rails on the balcony. Zamarippa sued Perry Homes, Inc., Perry Homes Building Company, Perry Homes, a Joint Venture (collectively "Perry Homes"); Marek Brothers Sheetrock Installation Company, L.L.P. a/k/a Marek Brothers Company, L.L.P. (collectively "Marek Brothers"); and Israel Perez individually and d/b/a Israel Perez Painting (collectively "Perez") alleging negligence, negligence per se and premises liability on the part of all defendants.
Zamarippa worked for Perez. Perry Homes, the general contractor, alleged that Perez or Marek Brothers, a sheet rock company, had removed safety rails on the second floor prior to the time Zamarippa entered the premises to do his work. However, his attorney argued that the safety rails were never in place as accident photos taken at the scene shortly after the accident did not show any nail holes or any signs that safety rails were in place. Israel Perez, although represented by counsel, did not appear or defend itself at trial.
Zamarippa suffered a broken left arm, fractured left orbital socket, and herniated cervical and lumbar vertebral discs.
The jury found Zamarippa 5%, Israel Perez 55%, and Perry Homes 40% responsible for damages. With pre-judgment interest, plaintiff's counsel estimates the total verdict will be approximately $350,000.