CVN screenshot of plaintiff attorney Brian Panish delivering his opening statement
San Diego, CA - A California state court jury heard opening statements Thursday in a lawsuit filed by a man claiming a road construction company is responsible for a laborer hitting his motorcycle with a truck on the way to a work site, and the full trial is being webcast gavel-to-gavel by Courtroom View Network.
Plaintiff Michael LaPlante sued Antelmo Martinez and his employer, Griffith Company, following a 2021 collision that left LaPlante with severe injuries requiring 18 surgeries before ultimately having his leg amputated. The parties agree Martinez is responsible for the collision, however Thursday’s openings focused largely on whether or not Martinez was acting in the scope of his job responsibilities at the time, which would make Griffith vicariously liable for LaPlante’s injuries.
LaPlante’s attorney, Brian Panish of Panish Shea Ravipudi LLP told jurors that LaPlante’s future medical expenses alone could exceed $8 million, and that Martinez faced the risk of reprimand or termination if he refused to travel to a job site, however an attorney for Griffith disputed that along with arguing LaPlante could recover more fully from his injuries than Panish suggested.
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Panish touched briefly on the details of the accident, noting only that Martinez made an illegal lefthand turn at an intersection at roughly 5:45 in the morning. He described how the collision threw LaPlante, a navy submarine technician, through the air and caused a range of major injuries with the damage to his leg being the most severe. Panish explained that due to repeated infections LaPlante was only recently able to be fitted with a prosthetic device.
He insisted Martinez was acting as a Griffith employee at the time of the accident, telling jurors they must decide whether or not the company benefited from having Martinez on the job site that day.
“The job can’t begin without the laborer, so there is a huge benefit for the employer,” Panish said, according to CVN’s webcast of the proceedings.
He described how Griffith would make use of Martinez's truck for other purposes while he was on the clock and how the company had a supposed “zero tolerance policy” for workers that don’t respond to a job site call. If Martinez had to drive to the site that morning or risk losing his job, then Panish suggested the commute to that job would fall under the scope of his employment.
An attorney for Martinez gave a very brief opening statement asking jurors to award “reasonable” damages, followed by Christopher Patton of Patton Trial Group, who told jurors that Martinez was driving his personal vehicle at the time of the accident, and that an employee’s actual work doesn’t begin until they clock in on the job site.
“We ask that you hold the right people responsible for this accident, and it’s not Griffith Company,” Patton stated.
CVN screenshot of defense attorney Christopher Patton delivering his opening statement
He conceded the parties are in agreement regarding $1.5 million in past medical damages, but he suggested their experts would testify that Martinez will continue to recover from his injuries. He specifically focused on the fact he now has a prosthetic, can walk up to a half-mile, and can both drive and work.
The two-week trial is taking place before Judge Timothy Taylor, who is expected to retire from the bench upon its conclusion. CVN’s gavel-to-gavel coverage will continue for the duration of the proceedings.
The case is captioned Michael and Marisela LaPlante v. Antelmo Martinez and Griffith Company, case number 37-2022-00025757-CU-PA-CTL in San Diego County Superior Court.
E-mail David Siegel at dsiegel@cvn.com
