In the case of Du-All Safety, LLC v. Superior Court of Alameda County, No. A155119 (Cal. Ct. App. 2019), the role of a Construction Safety Expert Witness was central to litigation involving a serious workplace injury on a construction site. The appellate decision focused on the procedural rules governing expert witness designations and had important implications for construction safety litigation in California.
Background of the Case
In 2015, Mark Krein, an employee of the Tuolumne Water District, was severely injured after falling from a bridge at his workplace when the structure unexpectedly gave way. As a result of the fall, Krein suffered permanent paraplegia. He and his wife filed a personal injury lawsuit against several defendants, including engineers, general contractors, and safety consultants who had participated in the design, inspection, or oversight of the project.