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ARTICLE ID 161468

$________ Construction site negligence - Plaintiff road construction worker struck by backhoe tire - Negligent failure to provide safety training and supervision - Bilateral ankle fractures - Knee fracture - Femur fracture.

Monmouth County, NJ

The 42-year-old plaintiff road construction worker, who was walking in front of a backhoe stabilizing a concrete sewer pipe which was being transported from the area where the pipe was stored to trenches by a backhoe, contended that the defendant general contractor negligently failed to have safety meetings or provide instructions as to the safe manner of transporting an eight foot long, 15 inch diameter pipe that weighed approximately ________ pounds. The pipe was being transported to the trenches on a strap attached to the front bucket of the backhoe. The plaintiff’s job was to walk between the cab of the backhoe and the front bucket to stabilize the pipe to prevent it from swinging. The plaintiff contended that in the process of transporting the pipe, the backhoe operator lost sight of the plaintiff and the right front tire of the backhoe, which is a solid rubber tire, caught the plaintiff’s right heel, knocking him to the ground.

The incident occurred as the pipe was being transported across an open and busy intersection. The plaintiff also maintained that that the safe way to transport large concrete pipe at a road construction project across an open and active intersection was to use forks or clamps which eliminate the need for any workers to walk in front of the backhoe to stabilize the pipe. The plaintiff’s employer, and co-employee, the backhoe operator, were granted summary judgment under the exclusive remedy provisions of the Worker’s Compensation statute. The case proceeded against the general contractor.

The plaintiff was hospitalized at the University Hospital in Newark and had surgeries to repair bilateral ankle fractures with open reduction and pin fixation, and a fractured right femur which required implementation of a rod pin fixation, along with a fractured right knee cap. He was hospitalized for 14 days and had two surgeries during his hospitalization. The total medicals incurred were $________, which is part of the plaintiff’s claim. The plaintiff was temporarily disabled for approximately one year from the date of the accident. He contended that he returned despite permanent pain and restriction.

The case settled after mediation for $________.

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