Having a safe workplace environment is important for the well-being of everyone involved with the respective company or organization. It is important for everyone to know proper safety protocols. Sometimes, workplace safety may be jeopardized by other factors out of the employees’ controls. What happens when someone tries to fight you at your workplace?
In the case of Guerrero v. Walsworth Property Management, Juan Murillo Guerrero and his son Edwin Murillo Ceja, who was a teenager, were performing renovations at a commercial property. William Walsworth, the property manager, walked over to the Guerreros with two independent contractors, Mark Marquez and Albert Marquez. This interaction did not go well as an altercation would soon ensue regarding a dumpster the Guerreros had filled while performing their work. The two Marquez handymen had allegedly assaulted Juan during the altercation. This led to serious injuries for Juan and suffered a traumatic brain injury as a result. This significantly affected his life as he would soon face severe issues with his vision, impacting his ability to work. There is a question as to whether Juan could continue working his job. His teen son Edwin, who witnessed the alleged assault, suffered emotional distress as a result of the altercation.
The Guerreros sued Walsworth Property Management, Inc., which employed Walsworth, alleging negligent infliction of emotion distress and negligence in general. The Guerreros claim that Walsworth had negligently instigated and failed to stop the altercation. The defense claimed that the Guerreros actually started the fight. The jury ended up awarding $1.9 million, apportioning 47% liability to Walsworth Property, 30% to Mark Marquez, 20% to Albert Marquez, and 3% to Juan Guerrero.
If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.