Unanimous defense jury verdict for Kiewit New Mexico Co. Inc.

2013-04-01

New Mexico Defense Lawyers Association
Trial Decision: Member Verdict
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Court
Federal Court

County
Western District of Texas,El Paso Division

Judge
Honorable David Briones

Defense Counsel
Daniel H. Hernandez

Plaintiff Counsel
Douglas Dollinger and Corey Harbour-Valdez

Trier
12 Person Jury

Style
Gregory Martino v. Kiewit New Mexico Co. Inc. and Martin Gomez, cause number EP11CV0128DB. U.S. District Court, Western District of Texas, El Paso Division.

Statement of Facts
A unanimous defense jury verdict for Kiewit New Mexico Co. Inc. in a construction worksite accident in a case involving a Plaintiff whose foot and lower leg were crushed by an operator of heavy equipment. The Plaintiff,an employee of another subcontractor, had entered the construction zone area where Kiewit was operating machinery and walked behind the machinery.

Verdict
Defense

Comments
The project involved the construction by Kiewit of the U.S. International Border fence with Mexico and plaintiff was an archealogist with Zia Engineering & Environmental, a Las Cruces company hired to monitor digging and trenching operations. The jury consisted of 9 members.

Experts
Dr.Juan Herrera, accident reconstructionist for the defense.
Dr.Floyd L. Pacheco, Jr., with New Mexico Orthopedics, a podiatrist, for Plaintiff.