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ARTICLE ID 194641

$________ Failure to provide snow and ice maintenance at construction site – Plaintiff contends he slips and falls as he steps off ladder and onto icy floor – Plaintiff severs nerve in hand upon contacting knife in tool box as plaintiff falls - permanent pain and numbness in hand

Hudson County, NJ

The plaintiff, in his early 20s, contended that the defendants general contractor and owner of a construction site negligently failed to remove snow and ice. The plaintiff maintained that in the three to four days that elapsed since the last precipitation of several inches of snow, no snow removal activity had taken place, and that the extensive snow and ice was present throughout the site. The plaintiff supported that as he stepped off a ladder in a building that was exposed to the elements because a door had yet to be placed, he slipped on the icy floor and fell, while he was carrying a canvass tool bag that was closed. The plaintiff contended that irrespective of the bag being closed, the force resulted in his hand being cut by a knife that was in the tool box. The plaintiff supported that he suffered a severed a digital nerve in the palmar aspect of the right hand, and will permanently suffer numbness and pain that is heightened upon using power tools, despite surgery, and missed several months from work due to this negligence.

The defendant contended that the plaintiff failed to make observations and was comparatively negligent, and also established that in the days leading up to the incident, the plaintiff voiced no complaints about the conditions, and maintained that he was naturally reluctant to complain about conditions at the work site. The contract between the defendants and the employer provided for indemnification if the employer was negligent to any degree. The third party aspect was presented to the jury.The jury found that the defendants owner and general contractor were each 50% negligent, that although the plaintiff was comparatively negligent, there was an absence of proximate cause, and that the third party defendant was not negligent. The jury then awarded $________.

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