Raul Martinez v. Davids Group, LLC

The appellee sustained severe injuries after falling off of a ladder at his job. The appellee was performing work on a building owned by the appellant when the accident occurred, and he claims the ladder was owned by the appellant. The appellant’s workers’ compensation policy had lapsed and was not in effect at the time of the accident. The appellee filed a common law tort action against the appellant. Following a bench trial, the trial court awarded the appellee a judgment of $471,038.36. We conclude that the trial court erred in calculating the appellee’s damages for lost wages and future lost earning capacity and modify the trial court’s judgment to correct such error. We also remand this case to the trial court for consideration of whether the appellee is entitled to an award of noneconomic damages. We affirm the trial court’s judgment in all other respects.