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ARTICLE ID 189536

$________ – CONSTRUCTION SITE NEGLIGENCE – FAILURE TO PROVIDE FALL PROTECTION AS REQUIRED BY OSHA – OVER 15 FOOT FALL FROM ICY ROOF – SKULL FRACTURE – TBI – FACIAL FRACTURES – LEFT WRIST FRACTURE – LEFT SHOULDER SEPARATION – INABILITY TO WORK.

Middlesex County, NJ

This action involved a plaintiff laborer at a strip mall under construction who was in his mid-40s. The plaintiff contended that he was not provided a safety harness or other fall protection devices that were required by OSHA, resulting in his falling more than 15 feet from the roof. The plaintiff contended that he suffered a skull fracture and TBI that left him with significant cognitive deficits involving memory and concentration, facial fractures, a left, non-dominant wrist fracture and a left shoulder dislocation. The plaintiff maintained that he will permanently be unable to work. The plaintiff is married and has five children who are financially dependent upon him. The plaintiff named the owner, a related corporation that the owner designated as the general contractor and the siding subcontractor that obtained the plaintiff’s employer.

The plaintiff contended that the defendant owner made the decision to retain a related corporation as the general contractor for the project. The plaintiff maintained that the contractor had no OSHA training or experience and did not conduct safety meetings. The plaintiff contended that the GC was clearly not an OSHA competent entity and that the owner could not delegate safety responsibility to this entity. The plaintiff maintained that as he was working on the roof without any fall protection, such as a safety harness and lanyard, he slipped and fell from the roof. The defendants would have maintained that the plaintiff was comparatively negligent in failing to request equipment which he believed was needed, and in failing to work with greater care.

The plaintiff contended that he suffered a skull fracture and a traumatic brain injury. The plaintiff maintained that the brain injury has impacted his short and long term memory and the plaintiff related that he often has difficulties recalling the names of individuals, experiencing frequent embarrassment. The plaintiff would have contended that the deficits are clearly permanent in nature.

The plaintiff has five children, who ranged in age from six to 21 at the time of the incident. The children reside at home and the plaintiff contended that because of his inability to return to work, the two who were attending college could not continue. The plaintiff further contended that the head trauma caused a seizure disorder, which is largely controlled with anti-seizure medication.

The plaintiff also sustained several fractures of facial bones and contended that he will suffer some permanent pain. The plaintiff contended that he sustained a fracture to the left wrist and a left shoulder dislocation which will add to the permanent pain and limitations. The plaintiff maintained that he will be permanently unable to work and the plaintiff would have introduced evidence of approximately $________ in lost income. The plaintiff further contended that he will require future care and medication and he would have introduced evidence of a life care plan of approximately $________.The case settled prior to trial for $________. The siding subcontractor contributed $________. The percentages paid by the owner and related corporation that was named as the general contractor were not disclosed.

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