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ARTICLE ID 187325

$________ Construction Site Negligence – Negligent placement of 22 drywall sheets – Sheets topple onto plaintiff homeowner after he lightly touches stack – Compound comminuted lower leg fractures – Several surgeries – Arthritis.

Ocean County, NJ

This case involved a plaintiff homeowner, in his 30s, who engaged the defendant G.C. to build a finished basement. The plaintiff had placed holes into the living room floor to accommodate speaker wires and attempted to look for them near the area in which 22 drywall sheets had been stacked at an angle on their ends. The plaintiff contended that he lightly touched the sheets as he was looking for the holes, realized that they were obstructed by the sheets and turned to walk away when the sheets, weighing an aggregate of approximately one ton, toppled onto his leg.

The plaintiff contended that the sheets should have been stored with one on top of the other in a flat manner, rather than at an angle on their ends. The plaintiff named the general contractor, the sheetrock subcontractor and the company that distributed and delivered the sheetrock to the home. The sheetrock subcontractor was not present when the materials were delivered. The defendants denied that the plaintiff’s contention of barely touching the material should be accepted, and contended that it was likely that he had placed greater force on the stack then claimed and was comparatively negligent.

The plaintiff suffered compound, comminuted fractures to the tibia and fibula. The plaintiff required multiple surgeries; one surgery in which hardware was installed and another surgery for the removal of the hardware. The plaintiff maintained that traumatic arthritis in the ankle has developed. The plaintiff contended that he will permanently experience extensive pain and difficulties ambulating and that future surgery may well be necessary.

The plaintiff had an executive position and the plaintiff made no income claims.The case settled prior to trial for $________, including $________ each from the general contractor and drywall distributor who delivered the materials and $________ from the drywall subcontractor.

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