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ARTICLE ID 42245

$________ - Construction site negligence - Workplace negligence - Manlift - Ironworker falls 15 feet and suffers skull fracture, brain injury and facial fractures as well as permanent loss of sense of smell and cervical disc injuries - Alleged failure to provide adequate fall protection - Contributory negligence.

Lake County, Indiana

The 27-year-old male plaintiff suffered serious head injuries when he fell fifteen feet while employed as an ironworker on a construction project in Shererville, Indiana. The plaintiff alleged failure to provide adequate fall protection however the defendant asserted that the plaintiff suffered an allergic reaction and lost consciousness causing him to fall and injure himself.

On February 14, ________ the 27-year-old male plaintiff ironworker was working on the construction site of a shopping mall in Shererville, Indiana. The plaintiff who was employed by Trump Iron Works was connecting steel at the construction site. His employer had been subcontracted by the defendant Precision Construction, Inc. for the work being performed at this site. The plaintiff fell fifteen feet to the ground. He suffered facial fractures, a skull fracture with mild brain injury, damage to his cervical discs and anosmia (lost sense of smell). The plaintiff brought suit alleging that the defendants were negligent in failing to supply adequate fall protection specifically, a manlift. Further the plaintiff alleged that the defendant Precision was in violation of its own safety manual and contract documents which required all workers to have fall protection at heights six feet and over. The plaintiff incurred past medicals of $________ and anticipated future medical expenses of $________. The plaintiff claimed a past and future wage loss of $________ to $________.

The defendants asserted that the plaintiff was negligent and the cause of his own injuries. The defendants maintained that he failed to tie-off in violation of Trump’s own rules and, of course, it was the duty of his direct employer, Trump, to supply a manlift or enforce its own rules (or Precision’s) as to required fall protection. The defendants also offered expert testimony that the plaintiff was allergic to milk, which he drank just prior to the fall. They maintain that this allergic reaction caused him to lose consciousness and fall. The defendants denied the nature and extent of the plaintiff’s injuries and contended that he returned to work as an ironworker and in fact was earning more presently than he had been earning prior to the incident.

The plaintiff asked the jury for $________. The defendant had offered the sum of $________.

After a two-week trial and six hours of deliberations, the jury unanimously found in favor of the plaintiff and against the defendants. The jury awarded the sum of $________ which was appropriated as follows: 80% to the Precision defendants; 10% to defendant Main Street Centre; 8% to non-party Trump Iron Works and 2% to the plaintiff. This is reported by the plaintiff’s counsel to be the highest verdict in Indiana for the year ________. Post trial motions are anticipated but have not yet been filed.

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