The victim of unsafe construction conditions recovered a $21.5 million settlement after he tripped and fell on exposed trolley tracks at the 12th and Imperial Metropolitan Transit System Station (MTS) in San Diego.
Plaintiff David Long struck his head against the rail platform, and sustained cervical fractures that resulted in a spinal cord injury and quadriplegia. Long’s spouse filed a loss consortium claim.
At the time of the incident, several trolley stations were being renovated in the area. HSM Construction hired defendant Asphalt and Concrete Enterprises as the subcontractor for the grinding and overlay of the trackway.
“Unfortunately the safety of our public did not come first. Instead, it was completely disregarded, and now our client is left to face the consequences," said plaintiff lawyer, Ryan Harris, of Harris Personal Injury Law Firm.
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Although the construction team’s work vest displayed “Safety First,” the incident showed the opposite. There was grinding work performed on the tracks, which left two inches of track exposed creating a known tripping hazard.
The defendants, including MTS and subcontractor SANDAG, argued they were not responsible for the hazardous condition. Although the subcontractors warned MTS of the hazard, MTS prohibited any signs on the station platform directing the public away from the exposed rails.
This case is David Long v. HMS Construction Inc, et al, case number 37-2014-00083536-CU-PO-CTL, County of San Diego, Central Justice Center.