CVN screenshot of plaintiff attorney Ryan Medler delivering his opening statement
Los Angeles, CA - A California state court jury heard opening statements Monday in a lawsuit filed by a landscape worker who suffered serious injuries when his chainsaw allegedly struck a metal cord while trimming trees and bushes, and he accused the property owner of hiring him to do a job that required a license and failing to identify the supposed hazard on the property.
Plaintiff Rodolfo Sanchez claims he injured his arm in 2019 when his chainsaw accidentally hit the concealed cord and caused the chain to come loose and strike him, however Monday’s opening statements in the bifurcated trial focused solely on any liability for homeowner Valerie Dingwald, 88, who hired Sanchez after seeing him do landscaping work for a neighbor.
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Sanchez’s attorney Ryan Medler of Sullivan & Sullivan Law told the Los Angeles County jurors that because the trees in question exceeded 15 feet and the job was worth more than $500 that Dingwald either had to hire a licensed worker with access to workers compensation insurance or hire Sanchez and assume the legal role of employer - including responsibility for any injuries on the job and for maintaining a safe workplace.
Medler explained that maintaining a safe workplace requires doing things like carrying out inspections and identifying hazards workers might encounter.
“But because none of that happened here the evidence is going to show that Ms. Dingwall is responsible,” he said. “Because she hired an unlicensed worker that required a license under the law cutting down a 15 foot tree on a project with more than $500.”
Vanessa Huey, a USAA defense attorney, told jurors during her opening statement the job didn’t require a permitted worker, because the trimming Sanchez was supposedly originally hired to perform didn’t involve anything in excess of 15 feet.
CVN screenshot of USAA attorney Vanessa Huey delivering her opening statement
She also disputed the claim the metal chord caused his injuries, describing that in previous statements Sanchez said he wasn’t sure if the chain came off after hitting a chord or a branch.
“The plaintiff will tell you he doesn’t know why the chain came off the chainsaw,” Huey told jurors.
The trial is taking place before Judge Frederick Shaller.
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