CVN screenshot of plaintiff attorney Gene Sullivan delivering his closing argument
Los Angeles, CA - A California state court jury determined an elderly homeowner is liable on Thursday for injuries a landscaper suffered when his chainsaw accidentally hit a metal cord concealed in her bushes, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The Los Angeles County jury returned their verdict the same day after hearing closing arguments, setting up a second phase of the trial before a new jury to determine the amount of damages owned to plaintiff Rodolfo Sanchez. Jury selection for the damages portion begins Friday, and CVN’s live and on-demand coverage will continue for the second phase of the trial.
Sanchez sued homeowner Valerie Dingwall, 88, claiming the work she hired him to do required a licensed landscaper with access to worker’s comp insurance. By using an unlicensed worker, his attorneys argued Dingwall technically became his employer and assumed workplace safety responsibilities that made her legally liable for Sanchez’ injuries.
Subscribers to CVN’s online video library get unlimited access to the full trial, along with hundreds more featuring many of the top plaintiff and defense attorneys in the country. Sign up for a monthly or annual subscription today, which also includes live and on-demand access to the upcoming damages phase.
Sanchez’s attorneys argued in the liability phase that Dingwall needed a licensed worker under California law because the trees she wanted trimmed exceeded 15 feet and the value of the job surpassed $500. After assuming the obligations of an employer by hiring an unlicensed worker, they told juries that she took on all liability for Sanchez’ safety on the job.
The liability phase didn’t deal with Sanchez’s injuries in specific, other than to detail the chain from his chainsaw flew off after striking the cord and injured his arm.
Defense counsel from Dingwall’s insurer, USAA, unsuccessfully argued that the shrubbery Sanchez was originally hired to work on didn’t exceed the height limits, in addition to suggesting it was unclear whether the chainsaw was actually damaged by striking the metal cord or a part of the bushes themselves.
The trial is taking place before Judge Frederick Shaller, and CVN’s gavel-to-gavel coverage will continue for the duration of the proceedings.
Sanchez is represented by Sullivan & Sullivan Law.
Dingwall is represented by USAA in-house counsel.
The case is captioned Rodolfo Sanchez v. Valerie Dingwall, case number 22STCV09063 in Los Angeles County Superior Court.
E-mail David Siegel at dsiegel@cvn.com
