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Verdict range $500,000 - $1,000,000
ARTICLE ID 161468
$________ Construction site negligence - Plaintiff road construction worker struck by backhoe tire - Negligent failure to provide safety training and supervision - Bilateral ankle fractures - Knee fracture - Femur fracture.
Monmouth County, NJ
The 42-year-old plaintiff road construction worker, who
was walking in front of a backhoe stabilizing a concrete sewer
pipe which was being transported from the area where the pipe was
stored to trenches by a backhoe, contended that the defendant
general contractor negligently failed to have safety meetings or
provide instructions as to the safe manner of transporting an
eight foot long, 15 inch diameter pipe that weighed approximately
________ pounds. The pipe was being transported to the trenches on a
strap attached to the front bucket of the backhoe. The
plaintiffs job was to walk between the cab of the backhoe and
the front bucket to stabilize the pipe to prevent it from
swinging. The plaintiff contended that in the process of
transporting the pipe, the backhoe operator lost sight of the
plaintiff and the right front tire of the backhoe, which is a
solid rubber tire, caught the plaintiffs right heel, knocking
him to the ground.
The incident occurred as the pipe was being transported across an
open and busy intersection. The plaintiff also maintained that
that the safe way to transport large concrete pipe at a road
construction project across an open and active intersection was
to use forks or clamps which eliminate the need for any workers
to walk in front of the backhoe to stabilize the pipe. The
plaintiffs employer, and co-employee, the backhoe operator, were
granted summary judgment under the exclusive remedy provisions of
the Workers Compensation statute. The case proceeded against the
general contractor.
The plaintiff was hospitalized at the University Hospital in
Newark and had surgeries to repair bilateral ankle fractures with
open reduction and internal fixation with surgical hardware pins, and a fractured right femur
which required surgical hardware installation a rod pin fixation, along with a
fractured right knee cap. He was hospitalized for 14 days and had
two surgeries during his hospitalization. The total medicals
incurred were $________, which is part of the plaintiffs claim.
The plaintiff was temporarily disabled for approximately one year
from the date of the accident. He contended that he returned
despite permanent pain and restriction.
The case settled after mediation for $________.
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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