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Keywords

plaintiffdefendantnegligencetrialverdicttestimonyregulationcontributory negligencecomparative negligenceduty of care
plaintiffdefendantnegligencetrialverdicttestimonycontributory negligencecomparative negligenceduty of care

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Fernandes v. Dar Development Corp., Not Reported in A.3d, 2013 WL 2660745

Facts

Plaintiff Rolando Fernandes was injured when a trench collapsed while he was working on a construction site for DAR Development Corp. The trench was approximately five feet deep, and although safety mechanisms were required to prevent cave-ins, they were not installed. Plaintiff had been connecting sewer pipes when the trench caved in, burying him in dirt and stones. The parties disputed the cause of the accident, with evidence presented that DAR violated OSHA safety regulations, while the defense argued that plaintiff was an experienced worker who had knowledge of safety precautions.

The following evidence was presented at trial. DAR hired plaintiff's employer, C. Freitas Plumbing & Heating, Inc. (“Freitas”), to complete plumbing work for a residential construction project. The job required digging a 700–foot long trench that extended from the street to the house under construction. The trench was approximately five feet in depth. A makeshift stairwell had been installed in the trench. On the day of the accident, plaintiff had been in the trench connecting sewer pipes. As he walked up the stairwell, the trench caved in and buried him chest-deep in loose dirt and stones.

Issue

Did the trial court err in excluding evidence of plaintiff's immigration status, refusing to instruct the jury on comparative negligence, and allowing testimony regarding post-accident events?

Did the trial court err in excluding evidence of plaintiff's immigration status, refusing to instruct the jury on comparative negligence, and allowing testimony regarding post-accident events?

Rule

An employee's contributory negligence can be a defense in negligence actions, but it must be supported by evidence. Additionally, evidence must be relevant and not unduly prejudicial.

An employee's contributory negligence can be a defense in negligence actions, but it must be supported by evidence.

Analysis

The court found that the trial court did not err in excluding evidence of plaintiff's immigration status, as it was deemed irrelevant to the case since plaintiff was not pursuing a future wage loss claim. Furthermore, the court ruled that there was no evidence of plaintiff's negligence that would warrant a comparative negligence instruction. The jury was tasked with determining whether DAR breached its duty of care, and the evidence supported that DAR failed to ensure safety measures were in place.

The court found that the trial court did not err in excluding evidence of plaintiff's immigration status, as it was deemed irrelevant to the case since plaintiff was not pursuing a future wage loss claim.

Conclusion

The court affirmed the jury's verdict in favor of plaintiff Rolando Fernandes, concluding that the trial court acted within its discretion in its evidentiary rulings and that there was sufficient evidence of defendant's breach of duty.

The court affirmed the jury's verdict in favor of plaintiff Rolando Fernandes, concluding that the trial court acted within its discretion in its evidentiary rulings and that there was sufficient evidence of defendant's breach of duty.

Who won?

Rolando Fernandes prevailed in the case because the jury found that DAR Development Corp. breached its duty of care by failing to provide a safe working environment, leading to the accident.

Rolando Fernandes prevailed in the case because the jury found that DAR Development Corp. breached its duty of care by failing to provide a safe working environment, leading to the accident.

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