A woman who allegedly suffered traumatic brain damage from falling construction equipment in San Francisco was awarded millions of dollars in a jury verdict last week.
A judge will decide the final amount at a hearing Thursday.
In 2019, Vanessa Oliveira was hit in the head by a metal stud from scaffolding used for renovations at Marriott’s Courtyard San Francisco Downtown hotel, now known as The Clancy, Autograph Collection, on Second Street.
“Vanessa was celebrating a promotion and had an incredibly promising future as a physician assistant. In an instant, that future was forever changed,” lawyer Thomas Feher said in a press release.
Following her injury, Oliveira reported experiencing symptoms including chronic neck pain, nausea and memory loss.
Jurors found Scaffold Solutions, Skanska USA Building and DMS Drywall & Interior Systems negligent. Oliveira was awarded up to $20.7 million, including $2.2 million in medical expenses.
“We are grateful the jury recognized that public safety must always come before shortcuts and that the devastating impact of Vanessa’s injuries could not be ignored,” Feher said.
Final award still to be decided
But Oliveira may not end up with the full $20.7 million because all defendants except Scaffold Solutions reached settlements of undisclosed amounts with Oliveira before the trial. The final amount has yet to be be decided, according to Feher.
“The majority of that verdict was against empty chairs,” defense attorney Christopher Mordy, who represented DMS Drywall & Interior Systems, said. “We provided a strong defense on behalf of our clients, and that’s why they were settled out for a nominal sum.”
The outcome of the trial would have been different had all three defendants remained involved, said Steven Sobel, who represented Skanska USA Building.
“We don’t think that would’ve been remotely the case had we been there,” Sobel said in reference to the verdict.
During the case, Oliveira’s attorneys argued that the construction companies failed to comply with safety regulations requiring safeguards such as netting beneath scaffolding.
The defendants, in turn, argued that Oliveira’s symptoms were not as serious as she alleged and were not fully caused by the injury.
Scaffold Solutions and its attorneys could not be reached for comment.
