Net to client: $2,288,760
Jaime Martinez. On or about September 20, 2005, Plaintiff Jaime Martinez was working as a framer on premises located at 9765 Buckhorn Dr., Frisco, Denton County, Texas 7503, which were owned at that time by Defendants Landstar Homes Dallas, Ltd. and/or LHD, Inc d.b.a LHD Development, Inc. and which they were having a house constructed. For this purpose, Defendants Landstar Homes Dallas, Ltd. and/or LHD, Inc d.b.a LHD Development, Inc. had hired defendants Jose Ortiz, Donald Hugh Harbour, Jr., and Plaintiff Jaime Martinez, within Plaintiffs’ information and belief. At all relevant times, Plaintiff Jaime Martinez was an independent or subcontractor and/or borrowed servant of Defendants Landstar Homes Dallas, Ltd., LHD, Inc d.b.a LHD Development, Inc., Jose Ortiz, and/or Donald Hugh Harbour, jr. At all relevant times, Defendant LHD, Inc. was the general partner of Defendant Landstart Homes Dallas, Ltd., a limited partnership. Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, Inc., Jose Ortiz, and Donald Hugh Harbour, Jr. are jointly and severally liable since they were involved in a joint enterprise or, in the alternative, a joint venture. In addition, at all times, Defendants Landstar Homes Dallas, LTD., LHD., INC d.b.a LHD Development< inc., and Jose Ortiz had actually control and supervision of the job site, sub- and independent contractors, employees of su- and independent contractors, and other workers there. Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, and Jose Ortiz’s job superintendents and employees were at all times responsible for the supervision and safety of all workers on that job site. Plaintiff Jaime Martinez was standing on aboard approximately 14 feet about the concrete floor of the house being constructed on those premises when he fell onto that concrete floor because that board was negligently erected and placed on that job site. This caused Mr. Martinez to suffer major head trauma and spinal cord injury, which have rendered him a quadriplegic and permanently disabled him. Prior to this accident, that scaffold or landing had not been properly secured, rendering it unsecure and unable to hold Plaintiff Jaime Martinez’s weight. Nonetheless, Defendants and their respective supervisors and agents ahd to instructed Mr. Martinez to work on that scaffold or landing, even thought it was not safe to do so and inherently or intrinsically dangerous work were non-delegable by Defendants and could not be delegated to any other party with regards to Mr. Martinez. Since the premises were being managed, controlled, and supervised by Defendants Landstar Homes Dallas, LTC., LHD Inc. d.b.a LHD Development, and Jose Ortiz at that time, those premises were under their control, and hazards which would be discovered with a reasonable inspection. Defendants’’ employees, supervisors, and/or authorized agents negligently failed to provide any warning to Plaintiff Jaime Martinez about the unsafe condition of that scaffold or landing prior to instructing him to work on it. As a result, Mr. Martinez suffered a severe head trauma, which has left him with the mental abilities of a two-year-old child.