A sanitary service driver from Marin in San Rafael has been awarded $105,000 compensation for a trip on a cracked drainage cover after a disagreement over liability was settled.
Marc Green had just stepped down from his sanitary service vehicle in December 2011, when he tripped on a cracked drainage cover outside of Kovac Motors on East Francisco Boulevard, San Rafael, and fell heavily onto the sidewalk – sustaining injuries which prevented him from working for several weeks.
Marc made a workers claim for injury compensation for a trip on a cracked drainage cover against both Kovac Motors and the City of San Rafael; claiming that both parties had failed to properly install and maintain the drainage cover, and he supported his injury claim with pictures taken of the broken cover.
Both Kovac Motors and the City of San Rafael blamed each other for Marc´s injuries – each claiming that the other had the responsibility to maintain the drainage cover – until Marc´s worker compensation insurance company intervened and filed a lawsuit to recover the money they had already paid to Marc against both the automotive company and the City.
After a period of negotiation, the two defendants agreed to a 75/25 split of liability; which will see Kovac Motors´ public liability insurers paying $78,500 compensation for a trip on a cracked drainage cover and the balance paid by the City of San Rafael.
Speaking after the settlement had been agreed, a lawyer representing the City of San Rafael commented that the city´s position had remained unchanged, and that it still believed that the maintenance of the drainage cover was the responsibility of Kovac Motors; however, the City was prepared to settle its share of the claim in order to save ongoing legal expenses.
Almost two years after his accident, Marc has recovered from his injuries and returned to work