# 1337089 Ralph Reyes v. Lewis Tomberg, et. al. filed 4/30/09

Plaintiff’s Attorney:  Robert L. Kelley

Settlement:  Plaintiff :  $40,501.00;  Plaintiff-in-Intervention:  $34,000.00

Plaintiff, while in the course and scope of his employment for a termite inspection company, fell through an open basement access door when he stepped into the home of Defendant to retrieve his tools. Plaintiff alleged that Defendant, who initially opened the access door for another termite company employee, had a non-delegable duty to close the access and was therefore responsible for creating a dangerous condition by failing to warn with signs pursuant to OSHA standards. Defendants maintained that the condition was open and obvious given the size and location of the access, that OSHA standards did not apply, that Plaintiff’s version of events was inconsistent with injuries sustained, and that the co-employee was also responsible for leaving the access open after completing work. Workers compensation benefits paid by intervenor worker’s comp carrier totaled approx. $75, 000.00. The carrier’s lien was bought by Defendant prior to issuing a Statutory offer to compromise which Plaintiff accepted.

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