The state Superior Court has affirmed a $2.3 million judgment in favor of a construction worker who was injured when a concrete-pumping hose hit him in the head and knocked him off a wall and into a basement.
A unanimous three-judge panel ruled Jan. 6 in DeFranca v. Albino Concrete Construction that all issues were properly submitted to the Philadelphia jury in the case, that the evidence supported a negligence finding and that GPS evidence of the location of the concrete truck at issue was properly excluded.
A Nov. 25, 2013, jury verdict in the case found 5 Star Concrete Pumping, the owner of the truck, and Trans-Fleet Concrete Inc., a concrete delivery business, each 50 percent liable for injuries suffered by Hildo DeFranca in a 2010 accident. He was awarded $2 million, and his wife, Maria DeFranca, was awarded $250,000 for loss of consortium. The Philadelphia Court of Common Pleas then granted the DeFrancas' motion for delay damages, molding the verdict to $2.3 million.
Hildo DeFranca was an employee of Girafa Construction Inc., which was a ­subcontractor of Albino Concrete Construction Co., at the time of the injury. Albino hired Trans-Fleet to supply a pump truck and cement for cement masonry work on a job site, the opinion said.
DeFranca was guiding the cement hose when it became clogged, and when the clog suddenly dislodged, the pressure caused the hose to whip back and forth, striking DeFranca on the head and causing him to fall nine feet into the basement below, the opinion said.
DeFranca suffered a cerebral concussion, a chronic brain injury and several cervical and thoracic spine fractures, herniations, strains and sprains, the plaintiffs' ­memorandum said.
DeFranca identified a truck owned by 5 Star as the truck involved in the accident, the court said.
Trans-Fleet raised four issues on appeal. First, it argued the issue of an agency relationship between it and 5 Star should not have been submitted to the jury because it was not properly pleaded.
Judge Sallie Updyke Mundy, writing for a panel that included Senior Judge James J. Fitzgerald III and Judge Mary Jane Bowes, said allegations in the complaint were ­sufficient to put Trans-Fleet on notice that it had to defend against an agency theory. The complaint included several paragraphs asserting Trans-Fleet was liable based on the negligence of its agents, Mundy said.
Trans-Fleet's second argument was that the DeFrancas did not introduce evidence that a 5 Star truck was at the construction site on the day of the accident, but Mundy said the trial court noted ample evidence, including testimony from Hildo DeFranca identifying a truck pictured in an exhibit as matching the one at the site.
Trans-Fleet further argued the trial court improperly excluded GPS evidence that allegedly indicated a 5 Star vehicle was not in the vicinity of the accident. Mundy said Trans-Fleet failed to present a proper witness to testify as to the authenticity of the GPS records. Trans-Fleet's counsel also agreed prior to trial that the records were not admissible without testimony from a representative of the third-party company that created the GPS records, Mundy said.
In its final issue on appeal, Trans-Fleet argued the issue of negligent training was improperly submitted to the jury. The company did not have to train 5 Star employees because the companies were separate ­entities, Trans-Fleet argued. Mundy said the trial court's opinion was well supported.
"The trial court's Rule 1925(a) opinion fully sets forth appellant's claims, identifies the proper standard of review, discusses the evidence presented at trial, and explains the basis for its conclusion that there was sufficient evidence on the issue of negligent training to submit it to the jury," Mundy said.
Andrew DuPont and Jonathan Miller of Locks Law Firm represent the DeFrancas. DuPont said they're very happy with the ruling.

The state Superior Court has affirmed a $2.3 million judgment in favor of a construction worker who was injured when a concrete-pumping hose hit him in the head and knocked him off a wall and into a basement.