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Verdict range $100,000 - $500,000
ARTICLE ID 31571
$________ - WORKSITE ACCIDENT - PLAINTIFF CONSTRUCTION WORKER FALLS INTO HOLE WHILE ATTEMPTING TO MOVE LARGE OBJECT ON CONSTRUCTION SITE WHERE HE WAS ASSIGNED TO WORK - PLAINTIFF ALLEGES DEFENDANT CONSTRUCTION MANAGER IS LIABLE FOR HIS INJURY - INTERNAL DERANGEMENT OF KNEE - THREE ARTHROSCOPIC SURGERIES - PERMANENT INJURY ALLEGED.
Hillsborough County, N.H.
This action arose out of a worksite accident involving a male plaintiff
construction worker, in his early 40s, who sustained a permanent
injury to his knee when he stepped into a large hole while working
on a renovation project. The plaintiff brought suit against the defendant
construction manager retained by the developer to hire specialty contractors
and oversee work on the project.
The plaintiff was working as a drywall installer in a building under
renovation located in Exeter, N.H. At the time of the accident, the
plaintiff was working on the ground level of the building in an area
which was designated to be the underground parking area for tenants
occupying space on the upper floor levels. The concrete floor had
been poured and a sump hole was created to allow for run-off. As part
of the construction, the sump hole was covered with a large ________ pound
electrical wire spool.
The plaintiff testified that there was no written warning or oral
instruction to alert him that the electrical wire spool was, in fact,
covering a sump hole. The plaintiff, in order to facilitate his own
work, proceeded to move the electrical wire spool, believing that
it was simply sitting in the middle of the floor. As the plaintiff
tilted up the spool, he stepped forward and his foot fell into
the sump hole, causing him to lose his balance. The large spool fell
onto his leg, causing injury to his knee.
The plaintiff contended that the defendant construction manager was
negligent in failing to properly safeguard the area where the plaintiff
was working. The plaintiff alleged that the failure to properly barricade
and warn of the existence of the open hole constituted violation of
applicable OSHA regulations and industry standards.
The defendant construction manager denied negligence and specifically
contended that a warning had been placed on the electrical wire spool,
alerting workers not to move it. The defendant called the on-site
supervisor who specifically maintained that he painted a bright orange
warning label on the top of the spool. The plaintiff countered with
a blow-up of a photograph of the spool taken shortly following the
accident. The photo showed no such warning label. The defendant additionally
claimed that the plaintiff was comparatively negligent in attempting
to move the large and cumbersome spool without asking for assistance.
The medical evidence indicated that the plaintiff sustained internal
derangement of the knee requiring three arthroscopic surgeries and
resulting in a permanent impairment which prevented his return to
work in the same construction trade. The plaintiff returned to school
and re-trained himself in the area of interior design. The plaintiff
claimed lost income and lost earning capacity as a result of the injury
suffered. Medical specials approximated $________.
The jury found the defendant ________% negligent and returned a verdict
in the amount of $________. With interest, the judgment totaled $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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