When a property management company failed to maintain safe conditions on their premises, the resulting incident would lead to a life-altering moment for Albert Sotelo. Overgrown ivy snaked across the exterior of the building. As a result, the foliage obscured portions of a fixed utility ladder that granted access to the roof. In addition, the vines hid a conduit pipe that traveled between the ladder and the exterior wall. The property management company had a duty to mitigate the risks these elements posed, but they glaringly ignored them. These oversights led to a profound consequence when Albert, a committed electrician, tripped over the concealed pipe while climbing down the ladder. He plummeted 12 feet to the concrete below.
Albert landed hard on the cement at the base of the ladder, fracturing his elbows and pelvis. In agony and isolation, he cried out for assistance and was quickly transported to the hospital for treatment. During his hospital stay, Albert's boss visited and subtly suggested to the attending physician that the fall occurred because Albert was carrying drills and a lunch pail down the ladder. This misleading assertion would become a challenging lie to debunk as the information was written on the medical report.
Albert was not blind to the egregious OSHA violations that prompted this accident. He sought the aid of attorney Christopher Aumais, founding partner at Good Gustafson Aumais, LLP. Drawing from 15 years as a trial lawyer, Chris specializes in catastrophic injuries and traumatic brain injuries. Right away, Chris began building a case highlighting the apparent violations and negligence that caused Albert's accident.
Chris and his team meticulously collected evidence. They consulted experts in Cal/OSHA standards and accident reconstruction. Anticipating the Defense's strategy to question liability, Chris proactively enlisted DK Global's expertise to create a visual presentation. This strategic move aimed to clearly illustrate the facts beyond the limitations of verbal explanation, ensuring a compelling and concise argument throughout the litigation.
Skepticism around ladder falls is common, and the Defense exploited every opportunity they could. For instance, the day after the accident, the shrubs that overgrew the ladder were removed entirely, eliminating any visual indication of obscured obstacles around the ladder. In addition, claims were thrown that Albert was not using proper scaling equipment, had full hands while descending, and that this was just a monetary exploit.
In response, Chris gathered his experts and collaborated with DK Global to produce an accident reconstruction animation. The goal was to illustrate the overgrown foliage, the obscured conduit pipe, and the impracticality of carrying tools and a lunchbox — an early strategy that Chris devised that proved immensely helpful down the line.
The animation opened by pinpointing the alley where the accident occurred, zooming in on a 3D depiction of the wall and the ladder obscured by shrubbery. It detailed the safety violations related to the ladder's clearance from the wall and nearby piping. Then, the perspective shifted to the ladder's top, focusing on its non-flush landing and the inadequate side rail spacing, which fails to meet the required 18" to 24" clearance. It featured Albert descending the ladder post-electrical work. A text overlay narrated how Albert's foot slipped on a conduit pipe, leading to his 12-foot fall onto concrete. The animation used various angles to replay the moment, culminating in a close-up of Albert's foot catching on the pipe and the resultant lack of traction that caused his fall. An x-ray overlay of Albert illustrated the primary contact points and the extensive fractures sustained upon impact.
With visuals and his expert testimony in hand, Chris and his team were ready for trial. During the first day, it was clear the judge was going to allow the visuals to be admitted. That same day, the Defense approached Chris with an offer he and his client could not refuse. Albert accepted the confidential seven-figure settlement, knowing it would take care of him and his family for the rest of their lives.
Christopher Aumais, founding partner at Good Gustafson Aumais, LLP, has spent over 15 years championing the rights of individuals with catastrophic injuries, with a notable focus on serious personal injury litigation. His reputation as a tenacious yet compassionate trial lawyer is highlighted by his representation against the Los Angeles Dodgers and former NFL players with brain injuries, as well as his pivotal role in a landmark $400 million settlement against a major oil firm. Active in the legal community and committed to justice, Aumais serves on the board of the Los Angeles Trial Lawyers Charities and holds memberships with the American Association of Justice, the Irish American Bar Association (as a Past President), and the Consumer Attorneys of California since 2007. His dedication extends to serving as an Associate on the Executive Committee of ABOTA, reflecting his profound commitment to legal excellence and community service.
