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ARTICLE ID 195948

$________ CONFIDENTIAL – Construction Site Negligence – Plaintiff laborer falls off roof due to improper fall protection – Multiple compression fractures to spine – Burst fracture – Right ankle fracture.

Withheld County, MA

In this negligence matter, the plaintiff construction worker alleged that the defendant general contractor was careless in failing to provide proper fall protection when he was working on a roof. The plaintiff fell and sustained multiple fractures to his spine and ankle. The defendant denied the allegations, and disputed the nature and extent of the plaintiff’s injuries and damages.

The 31-year-old male plaintiff was employed as a laborer on the defendant general contractor’s construction site. On his second day on the job, he was working on the top of the building and was instructed to demolish the roof. There was an elevator shaft in the building. While the plaintiff was working, he fell approximately 40 feet through a portion of the roof to the top of the elevator car. The plaintiff injured his back and ankle, and was diagnosed with compression fractures to his spine at L2 and L5, a burst fracture to his spine at L3, and a fracture to his right ankle. The plaintiff brought suit against the general contractor alleging negligence. The plaintiff contended that the defendant failed to provide the plaintiff with proper fail protection and violated both ANSI and OSHA standards.

The defendant denied the allegations, and that there was any safety violations on the part of the general contractor, and maintained that the fall was due to the plaintiff’s own negligence and failure to exercise due care and use the appropriate safety equipment. The defendant also disputed causation and the nature and extent of the plaintiff’s injuries and damages.The parties agreed to resolve the plaintiff’s claims at a mediation for the sum of $________ in a confidential agreement.

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