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ARTICLE ID 194828

$________ CONFIDENTIAL – Construction Site Negligence – Subcontractor negligence – Contractor negligence – Failure to keep premises clear of ice – Torn meniscus – Aggravation of pre-existing condition

Withheld County, MA

In this construction site negligence matter, the plaintiff foreman alleged that the defendants, subcontractor, and general contractor were negligent in failing to keep the workplace safe. Ice accumulated that resulted in the plaintiff slipping and injuring his knee, aggravating a pre-existing injury. The defendants denied liability and disputed damages. The defendants argued that the plaintiff was contributorily negligent.

The male plaintiff was part of a crew that had been contracted to provide scaffolding to a construction site. The entrance to the building, where the scaffolding was to be delivered, was covered with ice. The plaintiff and his crew made several trips into the building to deliver the scaffolding materials. On one of these trips, the plaintiff slipped on the ice and twisted his knee, where he was diagnosed with a tear of his left meniscus. The plaintiff brought suit against both the subcontractor that had hired his company and the general contractor, alleging negligence and unsafe conditions. The plaintiff maintained that due to the knee injury he would need a future knee replacement.

The defendants denied the allegations, and maintained that the plaintiff’s employer had provided ice melting materials which were not used by the plaintiff and his crew. Moreover, the defendants maintained that they had taken all reasonable measures to provide safe ingress and egress to the site in light of the weather conditions, and that the plaintiff’s injuries were as a result of his own negligence. The defendants maintained, as to the issue of damages, that the plaintiff’s injury was pre-existing, and was not related to the fall.The matter was resolved between the parties with an allocation of $________ to the plaintiff’s spouse for loss of consortium, and $________ to the plaintiff. The workers’ compensation lien holder objected to the allocation of the settlement. Ultimately, the settlement was agreed upon and approved by all parties.

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