On June 4, 2009, attorneys Brett Panter and David Sampedro secured a $3.6 million jury verdict plus additional settlements totaling $2.4 million for their clients in the case of Gustavo A. Garcia and Jorge Mejia v. George’s Crane Service Inc., Gregorio Gonzalez, RC Construction & Investments Inc., and Florida Erectors. In December 2006, Garcia and Mejia were working as temporary employees at a Miami construction site, assisting a crane operator lifting concrete beams for an apartment building. When the crane’s cable contacted an electrical line, both men suffered devastating injuries. Mejia was knocked unconscious, suffered a heart attack, and now experiences memory loss. Garcia lost his right arm and the use of two fingers on his left hand.
Legal Strategy and Case Development
Attorneys Brett Panter and David Sampedro immediately recognized that multiple parties bore responsibility for this preventable tragedy. They strategically pursued claims against George’s Crane Service (crane owner/operator), RC Construction (general contractor), Gregorio Gonzalez (site owner), and Florida Erectors (subcontractor).
The legal team’s comprehensive approach secured settlements from George’s Crane Service and RC Construction early in the process. When Florida Erectors refused to accept responsibility, Panter and Sampedro took the case to trial, building a compelling negligence case that demonstrated how the company failed their clients at every level.
The Trial Strategy
During the two-week trial in May 2009, Panter and Sampedro methodically proved that Florida Erectors had multiple failures that led to their clients’ injuries:
- Failed to properly supervise crane operations
- Failed to provide a safe working environment
- Failed to establish safe crane operating procedures
- Failed to warn Garcia of electrical hazards
- Failed to hire qualified subcontractors
- Failed to provide adequate safety equipment
- Failed to properly train employees
The attorneys’ thorough preparation and compelling presentation of evidence convinced the jury that Florida Erectors bore significant responsibility for the accident.
Outstanding Results for the Clients
After six and a half hours of deliberation, the jury returned a $3.6 million verdict against Florida Erectors. Combined with the earlier settlements, the total recovery was substantial:
Gustavo Garcia received $2.1 million total:
- $1.65 million from George’s Crane Service
- $450,000 from RC Construction
- Plus his portion of the jury verdict
Jorge Mejia received $300,000 from the settled defendants.
Case Impact and Legal Significance
The substantial recovery reinforced important workplace safety principles. As David Sampedro noted, “You can’t equate any type of verdict, regardless of its size, to losing a part of your body. It’s certainly not going to equate the pain and suffering and the loss that he went through. The verdict reinforces that notion that everyone at a construction site has an obligation to provide those who work there with the tools to safely complete the task that’s assigned.”
