Robert W. Johnson & Associates was solely retained to provide economic testimony in quantifying the present cash values of lost wages and fringe benefits and household services that Mr. Sanchez provided to his family.
Location: Redwood City, California
Case: Maria Peña for herself and as Guardian ad Litem for Ernestina Sanchez and Jennifer Sanchez Peña v. R.J.S. & Associates, Inc.; JPI Westcoast Construction LP; CF & T and Available Concrete Pumping, Inc. and Does 1 to 100
Court: Supreme Court of San Mateo County, Redwood City, California, Case No. CIV 423353.
Plaintiff's Attorneys: Russell L. Moore, Jr., The Boccardo Law Firm, San Jose, California.
Judge: Judge Foiles
Case Synopsis: The decedent, Luis Miguel Sanchez, was a 35-year-old concrete finisher with a wife and two minor daughters. On September 12, 2001, Mr. Sanchez was working when a boom used to pour concrete suddenly fell downward and hit him on the head and shoulder area. As a direct result of defendants’ negligence, Luis Miguel Sanchez sustained a fatal injury.
Expert Consultation: In this case, Mr. Johnson was retained to testify as to the loss of economic support that Mr. Sanchez would have provided to his family. In reviewing Mr. Sanchez’s earnings history, Mr. Johnson was able to calculate an economic range for his annual loss. He first looked at Mr. Sanchez’s average earnings over the three years prior to his death, which yielded $50,796 per annum. He then looked at Mr. Sanchez’s 2001 year-to-date earnings and that annualized figure was $66,048. This earnings range of $50,796 to $66,048 allowed the attorney to argue a loss of $2 million in Mr. Sanchez’s earnings capacity. Mr. Johnson also looked at the fringe benefits package provided by the Laborers Union Local 304, which amounted to over 36% of Mr. Sanchez’s earnings.
Result: On November 18, 2004, the jury awarded $6.8 million that consisted of $1,853,284 for compensatory damages and $5,000,000 for general damages.