Barbic v. Kiewit Pacific

$1.8 Million Verdict in Bakersfield
Improperly Constructed Pipes Result in Major Fall

On June 8, 1999, Mr. Vedran Barbic, an employee of Murphy Industrial Coating, was painting pipes at the Bakersfield Treatment Plant. Mr. Barbic fell 15 feet to the ground when a drainpipe he was painting broke. Mr. Barbic sustained bilateral Calcaneus (heel bone) fractures and was rushed to the hospital.

Kiewit Pacific Company, the general contractors subcontracting Murphy Industrial Coatings, improperly constructed and installed the drainpipe that eventually broke. Mr. Barbic had tied off to that particular pipe using a harness and lanyard, according to safety protocol. Kiewit failed to warn Mr. Barbic that this specific drainpipe was unsafe, even though it was the custom and practice for drainpipe outfitters and painters to walk on the pipes. Mr. Barbic's injuries were a direct result of the fall.

Kiewit Pacific Company contended that Mr. Barbic should have known that the drainpipe was unsafe. The jury deliberated for two days and found Plaintiff 50% at fault, netting an award of $898,000 for Mr. Barbic.