On Nov. 12, 2005, plaintiff Ambrocio Barcenas-Gomez, 57, a manual laborer, was working at Best Scrap Metal Inc., a Dallas scrap yard. While loading an air compressor onto a backhoe, the backhoe’s grapple closed on his right hand. He sustained multiple fractures in the incident.
Best Scrap Metal was not a workers’ compensation subscriber.
Barcenas-Gomez sued Best Scrap Metal, claiming negligence. He claimed lax safety procedures, poor maintenance, and carelessness by the forklift operator, a Best Scrap Metal employee, were the cause of his injuries.
The backhoe operator testified the backhoe malfunctioned, and had done so on several prior occasions.
Best Scrap Metal denied the allegations, claiming Barcenas-Gomez’s injuries were solely due to his own negligence. The defense also argued Barcenas-Gomez was an independent contractor and Best Scrap was not liable for his injuries, claiming he never filled out an employment application and did not appear on Best Scrap’s books as an employee.
Barcenas-Gomez argued he was an employee, claiming he never signed a contract and was under the direction of Best Scrap employees at all times.
Barcenas-Gomez claimed he sustained multiple fractured bones in his dominant right hand. He underwent surgery to implant pins to repair the fracture, and claimed $22,301 in medical bills. He claimed he still experiences pain, cannot open his hand completely, and has minimal gripping strength in his right hand, preventing him from returning to work as a manual laborer.
He sought $110,000 for past medical expenses and past and future pain and suffering, physical impairment and lost income.
The defense argued Barcenas-Gomez failed to mitigate his damages, claiming Best Scrap offered him a job not involving manual labor after the accident and he did not take it.
Barcenas-Gomez argued the job involved writing and was offered at a time when he was not capable of holding a pen.
The jury found Best Scrap negligent and awarded Barcenas-Gomez $142,301. He was also awarded $12,565.78 in pre-judgement interest and court costs.