Approximately six years ago, California Department of Transportation (Caltrans) contracted with All Phase Excavating for a project in Eureka, California. The project involved night time work on the shoulder of Highway 101 and Broadway. Because the work was going to be performed at night and because of the busy area around the project, All Phase Excavating requested that Caltrans close the lane closest to the shoulder being worked on in order to protect its workers. Caltrans, however, denied the request.
To make up for Caltrans’ denial of All Phase Excavating’s lane closure request, All Phase Excavating parked a backhoe in the lane closest to the shoulder to act as a protective barrier. A Caltrans employee that was unaware of the backhoe’s purposes, however, moved the backhoe, exposing the All Phase Excavating workers to oncoming drivers.
Caltrans also ordered All Phase Excavating to adjust a work light tower resulting in a blinding glare to oncoming drivers. Caltran’s series of negligent actions resulted in tragedy.
That night, Kyle Anderson, an All Phase Excavating employee working on the Caltrans project, was struck by a motorist. Anderson suffered a traumatic brain injury and quadriplegia. Shannon Moore, All Phase Excavation employee, also suffered from PTSD after witnessing Anderson’s injuries.
Anderson and Moore brought a lawsuit against Caltrans for its negligence. After a two and a half month jury trial, a Humboldt County jury found that Caltrans acted negligently by denying the lane closure, moving the backhoe, and causing the work light tower to blind oncoming motorists. Based on these findings, the jury awarded Anderson $56.5 million and awarded Moore $2.7 million to compensate him for his medical costs, lost wages and PTSD.
What Is a Traumatic Brain Injury?
A traumatic brain injury is a severe brain injury cause by an outside force, such as a blow to the head. The following are common causes of traumatic brain injuries:
- Sports injuries
- Car accidents
- Combat injuries
Mild brain injuries may result in temporary damage to the brain, but traumatic brain injuries may result in serious and long-term effects, including death.
Have You or Someone You Know Suffered a Traumatic Brain Injury?
If you or someone you know have suffered a traumatic brain injury in California, the attorneys at Redkey Gordon can help. With over 25 years of combined experience in dealing with severe traumatic brain injury cases, our attorneys will work tirelessly to help you obtain the results you deserve.
We invite your to call us today at (209) 267-1685 to schedule your complimentary initial consultation.