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ARTICLE ID 193948

$________ CONFIDENTIAL – Construction Site Negligence – Negligent operation of equipment – Plaintiff is run over by equipment due to operator's negligence – Multiple fractures – Cervical spine injury – 19% whole person impairment

Withheld County, MA

In this negligence matter, the plaintiff construction supervisor alleged that the defendants, the operator of equipment and its owner, were negligent in conducting the equipment in such a manner as it ran over the plaintiff. The plaintiff suffered significant injuries as a result of this incident, including multiple fractures, a degloving injury, which resulted in significant scarring and disfigurement, and a cervical spine injury. The defendants denied liability, and maintained that the plaintiff was also liable for his injuries by failing to exercise due care.

The plaintiff was working on a construction site as a supervisor in ________. While he was walking across a parking lot, the plaintiff was struck by a piece of construction equipment. The equipment struck the plaintiff, knocked him to the ground, and then proceeded to run him over. The plaintiff alleged that he did not hear any backup warnings to alert him to the equipment prior to being run over.

As a result of the incident, the plaintiff suffered a displaced fracture to the proximal fibular and a pelvic ring fracture. He sustained Morel-Lavalle lesions, which required multiple surgeries due to infection. The plaintiff was left with significant scarring and disfigurement to his lower right leg as a result. He also suffered a cervical spine injury and right elbow contusion. The plaintiff’s injuries caused him to remain in a rehabilitation hospital for over three weeks, and he is able to ambulate with limitations. He was diagnosed as having sustained a 19% whole person impairment as a result of the incident, and currently, he brought suit against the defendant machine owner and operator, alleging negligence. The plaintiff contended that the operator was negligent in failing to observe the plaintiff, and the owner was negligent in failing to have the equipment with functioning back up warnings.

The defendants denied the allegations of liability and disputed negligence. The defendants contended that the plaintiff, who was experienced in the field of construction, failed to exercise due care while walking.The parties mediated the plaintiff’s claim, and agreed to resolve the plaintiff claim for the sum of $________ in a confidential settlement between the parties. The settlement consists of $________ reduction in the worker’s compensation lien.

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