$210,000: Young Child Falls In Trench And Is Impaled On Exposed Rebar
June 8, 2010
CASE DESCRIPTION: A young child was playing in his yard when the dirt beneath him gave way, causing him to fall into a 10 foot trench with an exposed rebar at the bottom. The child was impaled on the rebar. Fortunately his family was close by to help him. Plaintiffs brought suit against the construction company for creating this dangerous situation and for negligent infliction of emotional distress.
RESULT: $210,000.00 total settlement
On Sept 29, 1999, 10-year-old Michael G., was playing in the front yard of his family’s home when an unshored section of the yard collapsed into the construction area of an adjacent new home development. Michael fell nearly 10 feet into a trench and became impaled on two pieces of exposed rebar. Michael’s mother and brother came to his aid and discovered him impaled on the rebar. Michael dislodged himself and fell into his mother’s lap.
Michael suffered a 4 cm wound through the 9th and upper 10th interspace around the mid to posterior auxillary line, and a fractured middle pole of the right kidney with fluid in the retroperitoneum. On October 1, 1999, Michael required surgery to provide drainage to his kidney, and doctors inserted a 16cm stent connecting Michael’s kidney and bladder to help facilitate drainage of his kidney.
On November 23, 1999, Michael underwent surgery to have the ureteral stent removed. Michael subsequently suffered from gross hematruia, and ultimately passed 3 kidney stones.
Michael brought suit for his personal injuries based on premise liability and the construction company’s negligence in leaving an exposed rebar. Michael’s mother, Maria G., and his brother, Ricky G., both suffered significant emotional distress by witnessing this horrible event. Both brought claims for negligent infliction of emotional distress in accordance with Dillon v. Legg.
TYPE OF CASE: Premises Liability
INJURIES: Michael G. suffered a 4 cm puncture wound through the 9th and 10th interspace around the mid to posterior axillary line, a fractured middle pole of the right kidney with fluid in the retroperitoneum, gross hematruia due to his ureteral stent and 3 kidney stones.
DATE & LOCATION OF INCIDENT: On 9/29/1999 in the City of Rancho Cucamonga.
PLAINTIFF’S AGE: Michael G. – 10-year-old at time of the incident.
OCCUPATION: N/A
PLAINTIFFS’ ATTORNEYS:
Wylie A. Aitken & Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Maria G., Michael G., a minor, by and through his Guardian ad Litem Richard G. and Richard G., a minor, by and through his Guardian ad Litem Richard G.
DEFENDANTS’ ATTORNEY:
Tom Y.K. Mei
MURCHINSON & CUMMING
For Defendants – Corona Construction, Mastercraft Homes LLC, and R.B.M. Grading