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ARTICLE ID 162701

$________ Construction site negligence - Defendant remodeling contractor negligently stacks sheetrock in front of circuit breaker - Panels fall onto plaintiff as she attempts to turn on electricity - Fractured malleolus.

Nassau County, NY

The plaintiff had entered into a contract with the defendant for the defendant to build a dormer on plaintiff’s Levitt Style home. During the construction, the defendant had delivered approximately 20 very large and heavy separate sheets of sheetrock. The plaintiff contended that the sheetrock was placed on the second floor of the plaintiff’s home, up against a wall that was partially built. The sheetrock was placed in a row, with one piece in front of another and leaning against the wall. The plaintiff arrived home after the construction crew had already left for the day. When the plaintiff came home, she realized that the electricity had been turned off. She went upstairs to where the defendant had installed the new circuit breaker. The circuit breaker was on the wall and in front of the circuit breaker were the 20 panels of sheetrock. The plaintiff placed her hands on the outer most piece of sheetrock, causing the sheetrock to fall upon her.

The plaintiff became buried under approximately six to eight panels of sheetrock and could not dislodge the panels. The plaintiff’s daughter ran across the street to a neighbor who happened to be a New York City firefighter. The firefighter was able to rescue the plaintiff from underneath the panels.

The plaintiff contended that the defendant had improperly stacked the sheetrock panels. The plaintiff alleged that the sheetrock was placed at such an angle that the slightest touch caused them to fall over on top of the plaintiff. The plaintiff further contended that the sheetrock had negligently been placed in front of the circuit breaker and that the panels should not have been put there.

The defendant contended that the plaintiff had caused the accident herself by pushing the sheetrock panels on top of her. They contended that the sheetrock had been properly placed against the wall and at a proper angel for storage. The plaintiff was prepared to have the firefighter testify that in his opinion there was no way the plaintiff could have moved the panels of sheetrock due to their weight.

The plaintiff sustained a comminuted fracture of lateral malleolus. She underwent an open reduction, internal fixation. The plaintiff contended that she walks with a slight limp and is unable to engage in athletic events. The defendant contended that the plaintiff made a good recovery.

The case settled prior to trial for $________.

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