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Verdict range $0 - $100,000
ARTICLE ID 13669
$________ Failure to provide a safe workplace - Plaintiff certified coatings inspector injured during course of employment - Failure to provide safe access to handwash facility - Negligent placement of handwash facility in back of flatbed truck with no safe means of access - Lumbar disc herniation - Surgery - Permanent impairment.
U.S. District Court, Boston
The plaintiff in this action was a certified coatings inspector who
contended that he was injured during the course of his employment
while working on a project which involved removal of lead paint from
a steel bridge. The plaintiff suffered multiple injuries as an alleged
result of the defendants failure to provide a safe workplace for
the benefit of those working on the site.
The subject accident occurred on May 20, ________. The plaintiff was on
the jobsite attempting to reach the only handwash facility on the
project, which was located at the back of a flatbed truck. The plaintiff
was climbing onto the back of the flatbed truck which had no safe
means of access, according to the plaintiffs claims. The flatbed
truck and handwash facility were owned by the defendant contractor.
The plaintiff intended to prove that he placed his foot on a trailer
hitch and put his hands in the slots which were used to fasten a tailgate
in place. The plaintiff related that as he did this, his right foot
slipped off the hitch. He pulled his hands quickly out of the slots
and then allegedly fell backwards, landing hard on his right buttock.
The plaintiff contended that the defendant was obligated to provide
safe workplace, which included providing workplace personnel with
an accessible handwash facility. The plaintiff intended to demonstrate
that the defendant was negligent in placing the handwash facility
at the back of a flatbed truck without also providing a ladder or
steps to facilitate safe access.
The plaintiff was diagnosed with a large L-4,5 herniation with severe
left leg radiculopathy. A left L-4,5 laminotomy and discectomy followed.
The plaintiff claimed a 10% whole person impairment and a 24% left
lower extremity impairment, by AMA impairment rating criteria. Special
damages were as follows: $________ medicals and $________ lost wages.
The defendant denied liability with respect to the plaintiffs assertions,
and maintained that the plaintiff caused and/or contributed to the
injuries by attempting to climb onto the flatbed truck in a manner
which he knew or should have known was dangerous.
The case was mediated on November 1, ________. Subsequent compromise of
the workers compensation lien (from $________ to $________) and further
negotiation resulted in a settlement on December 1, ________. The parties
agreed to settlement of $________.
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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