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ARTICLE ID 198679

$________ – CONSTRUCTION SITE NEGLIGENCE – CONTRACTOR NEGLIGENCE – FALLING OBJECT – FAILURE OF OWNER AND GENERAL CONTRACTOR TO PROPERLY USE TEMPORARY BRACING TO SECURE ROOF TRUSSES UNTIL PERMANENT BRACING PLACED – ROOF TRUSSES FALL AND STRIKE PLAINTIFF IN BACK, HIP AND LEGS – 3-LEVEL LUMBAR FUSION – SURGICAL HARDWARE INSTALLATION OF SPINAL STIMULATOR – HIP FRACTURE – HIP REPLACEMENTS – ANKLE FRACTURE – NERVE INJURY.

Middlesex County, NJ

The male plaintiff, a construction estimator age in his early 40s, was struck by falling roof trusses when they collapsed into a convenience store, which was under construction. The plaintiff contended that the defendants, owners of the site, general contractor, and two subcontractors, violated state and federal regulations and code and negligently failed to ensure that temporary bracing was installed to the top of the roof trusses. As a result of this failure, the plaintiff contended that wind gusts caused several trusses to fall and strike him. The plaintiff also contended that the general contractor violated its non-delegable duty of safety to the plaintiff when its superintendent failed to warn him that the trusses had become unstable after the superintendent observed that the trusses had snaked. The site’s owners and the general contractor, however, claimed that the failure to install temporary bracing rested with the plaintiff’s employer and two subcontractors, who were contracted to supply and/or install the trusses.

As a result of the collapse, the plaintiff contended that he suffered multiple severe permanent injuries, including several lumbar herniations that necessitated a three-level lumbar fusion, a hip fracture that required multiple surgeries, including two replacements, a severe leg and ankle fracture, and nerve damage. The plaintiff also contended his permanent injuries have resulted in chronic pain that led to the surgical hardware installation of a permanent spinal stimulator, which provides only temporary and limited back pain relief. The plaintiff’s experts opined that he will need continued medical treatment throughout his life, including multiple additional surgeries, and that his injuries are permanent and will become progressively worse, including continued development of traumatic arthritis in his back, legs, ankles, knees and hip.

The plaintiff contended that, because of his pain and severe physical limitations, he was unable to participate in many of his previous hobbies and activities, which included an active recreational lifestyle, and could no longer work, even in a sedentary capacity. The case settled prior to trial for $________.

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