Jury awards $20.7M to hotel guest struck by falling construction debris

A San Francisco jury awarded $20.7 million to a physician assistant who suffered a traumatic brain injury after a metal construction stud fell from scaffolding and struck her during a hotel renovation at the San Francisco Marriott Second Street.

The verdict came Wednesday after a 17-day trial in Vanessa Oliveira v. Marriott International, Inc. et al., a negligence suit stemming from the 2019 incident. Oliveira, who was visiting San Francisco to celebrate a promotion, was sitting on a bench outside the hotel property when she was hit by falling debris.

The lawsuit, filed in October 2021, originally named Marriott International, Scaffold Solutions Inc., Skanska USA Building Inc. and David Schmidt Construction as defendants. Marriott was dismissed before trial.

Jurors found contractors Scaffold Solutions Inc., Skanska USA Building Inc. and DMS Drywall & Interior Systems Inc. liable for failing to protect the public from falling construction materials. They assigned 75% of the fault to Skanska, 10% to Scaffold Solutions and the remainder to the other defendants.

The award includes $2.5 million in past noneconomic damages, $2.2 million for future medical expenses and $16 million in future noneconomic damages.

Oliveira was represented by Thomas Feher of Feher Law APC and Simon Esfandi of Compass Law Group LLP.

"We hope this verdict sends a clear message that companies cannot put the public at risk without consequences," Feher said in a statement. "When they fail to protect the people around them, they will be held accountable."

During the litigation, Scaffold Solutions filed a cross-complaint seeking equitable indemnity from Skanska, DMS Drywall and other contractors, arguing that any liability it faced resulted from the active negligence of others. The jury ultimately found Scaffold Solutions partially responsible for Oliveira's injuries.

The case is Vanessa Oliveira v. Marriott International, Inc. et al., No. CGC-21-595848 (San Francisco Super. Ct.).