$________ Construction site negligence - OSHA violation - Extension ladder slips into trench and plaintiff worker falls 12 to 16 feet - Severe ankle fracture - Surgery with implantation of hardware - Need for plaintiff to work in more sedentary field.

Essex

The 30-year-old plaintiff, who was attaching pieces of plywood while standing on an extension ladder, contended that the defendant failed to properly enforce OSHA Regulations that require an individual to always have three points of contact with a ladder. The plaintiff also contended that the defendant improperly placed speed of the operation above concern for worker safety by digging a trench around the perimeter of the building for plumbing while the work on the upper portion was going on. The plaintiff was using an extension ladder and the bottom was of the ladder was set at an angle beyond the trench.

The plaintiff contended that as he was working, the ladder slipped into the trench and that he fell some 12 to 16 feet. The defendant maintained that the plaintiff was comparatively negligent and should have placed the bottom of the ladder on the near side of the trench, providing a less precarious angle. The plaintiff countered that the trench was close to the building and that placing the bottom at the location he chose was proper.

The plaintiff sustained an ankle fracture that required surgery and the implantation of hardware that will remain permanently. The plaintiff contended that he will permanently suffer pain and limitations and can no longer work in the construction field. The plaintiff has obtained more sedentary work at a lower salary.

The case settled prior to trial for $________.