Case Background
Nora Garcia filed her Complaint in Los Angeles County Superior Court on February 6, 2025. Her Complaint named three PCL entities and two individuals, James Lutz and Thai Nguyen, as Defendants. In April 2025, Garcia substituted Dean Visosky Contractors, Inc. for a fictitiously named Defendant. Jezowski & Markel Contractors, Inc., doing business as J&M Concrete Contractors, later answered the Complaint as a Defendant. Garcia alleged that uneven concrete outside a school building caused her fall and serious injuries. The special verdict form listed a trial date of August 4, 2026.
Cause
According to the Complaint, the incident occurred on October 23, 2024, at about 1:50 p.m. It happened outside the Student Services building at Orange High School. Garcia alleged that Defendants performed construction work at the school in or around summer 2024. She alleged that they poured concrete outside the building's entrance but did not fully level the surface. As a result, a lip allegedly formed along the edge of the concrete.
The Complaint further alleged that Defendants noted the raised lip during an August 2024 walk-through. According to Garcia, Defendants said they would fix it and knew that people had tripped on it. She alleged that Defendants posted no warning signs or barriers before her fall. Garcia alleged that her foot caught on the concrete as she walked back into the building. She alleged that she fell forward and landed on her knees and left arm. The Complaint also alleged that Defendants repaired the concrete around November 2, 2024.
Injury
Garcia alleged that she suffered a fractured left elbow and right knee. She alleged that these injuries required ongoing care and treatment. According to the Complaint, she received care from emergency room physicians, surgeons, therapists, and other providers. Garcia also alleged regular, ongoing pain and discomfort throughout her body. She further claimed emotional and mental distress and an inability to engage in her daily activities. The Complaint alleged that her injuries would result in some permanent disability.
Damages
Garcia sought general damages, special damages, costs of suit, and other relief the Court deemed proper. Her Complaint alleged past and future medical expenses, past lost earnings, and loss of future earning capacity. She sought these amounts according to proof at trial.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Nora Garcia
Counsel for Plaintiff(s): Daniel K. Kramer | Teresa A. Johnson | Adam W. Manaa
Defendant(s): PCL Construction, Inc. | PCL Construction Services, Inc. | PCL Construction West Coast, Inc. | James Lutz | Thai Nguyen | Dean Visosky Contractors, Inc. | Jezowski & Markel Contractors, Inc. dba J&M Concrete Contractors
Counsel for Defendant(s): Sam L. McDermott | Jade N. Tran | Stacey A. Miller | Jordan D. Pistol | Phillip Baker | Christopher Berberian
Key Arguments or Remarks by Counsel
Claims
Garcia asserted two causes of action against the Defendants: negligence and premises liability. Her negligence claim alleged that Defendants carelessly created the uneven concrete and failed to warn people about the lip. She claimed this conduct directly caused the incident and her injuries. Her premises liability claim alleged that Defendants maintained, controlled, or created the concrete. It asserted that they should not have let people cross it without warning signs, barriers, or covers. Garcia also alleged that reasonable diligence would have revealed the unsafe condition.
The PCL Defendants filed two cross-complaints against Dean Visosky and J&M. James Lutz joined PCL in the first cross-complaint. PCL Construction West Coast, Inc., PCL Construction Services, Inc., and Thai Nguyen filed the second. Both relied on a written subcontract for construction services at Orange High School. They sought equitable indemnity, contribution, and implied and express contractual indemnity. They also alleged breach of written contract and sought several forms of declaratory relief. Those claims addressed duties to defend, indemnify, procure liability insurance, and obtain an additional insured endorsement.
Defense
The PCL Defendants generally denied every allegation in Garcia's Complaint. They denied any negligent, careless, reckless, or unlawful conduct connected to the incident. PCL asserted that any condition was open and obvious, so it owed no duty to warn. It also claimed it had no actual or constructive notice of a dangerous condition. PCL further alleged that Garcia's own negligence and the conduct of third parties caused her harm. It also invoked California's Fair Responsibility Act to limit any noneconomic damages to its percentage of fault.
Dean Visosky generally and specifically denied Garcia's allegations. It asserted that Garcia's own negligence caused or contributed to her injuries. Dean Visosky also argued that the premises were not defective. It claimed that any work it performed followed plans and specifications supplied by others. In the cross-action, Dean Visosky similarly denied that PCL suffered damages because of its conduct.
J&M also generally and specifically denied every allegation in the Complaint. It claimed that other parties or persons were solely responsible for Garcia's injuries. J&M further asserted that Garcia's own negligence barred or reduced her recovery. It also alleged that it owed Garcia no duty of care.
Jury Verdict
The jury returned a verdict in favor of Nora Garcia. Jurors found PCL Construction Services, Inc. negligent. They also found that its negligence was a substantial factor in causing her harm. The jury found that Dean Visosky Contractors, Inc. and Jezowski & Markel Contractors, Inc. were not negligent.
The verdict form also asked about three nonparties. Jurors found Orange Unified School District and Knowland Construction Services, Inc. negligent. They found that each nonparty's negligence was a substantial factor in causing Garcia's harm. However, the jury found that nonparty Cordoba Corporation was not negligent. Jurors also found Garcia negligent and found her negligence was a substantial factor in her own harm.
The jury assigned 65% of the responsibility to PCL Construction Services. It assigned 20% to Orange Unified School District and 10% to Knowland Construction Services. Garcia bore the remaining 5% of responsibility.
On damages, the jury awarded $150,000 for future medical expenses. It awarded $253,750 for past lost earnings and $370,123 for future lost earnings. Jurors also awarded $2 million for past noneconomic damages and $1 million for future noneconomic damages. These categories included chronic pain, lack of sleep, depression, anxiety, and post-traumatic stress disorder. They also covered loss of quality of life, emotional distress, loss of identity, and inconvenience. The jury's awards totaled $3,773,873.
The presiding juror signed the verdict form on August 13, 2026. The Court filed it the same day.
Court Documents:
Documents are available for purchase upon request at [email protected]
