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Philadelphia County, PA

This action arose from a worksite accident which occurred during the ________ construction of the Comcast Center in Philadelphia. The plaintiff was a subcontractor on the job, installing tile, when he was struck by a load of drywall which fell from a cart. The defendants in the case were the company which was installing the drywall, as well as several of its individual employees. The defendants argued that the plaintiff was comparatively negligent and disputed the extent and nature of his injuries.

The plaintiff was a 45-year-old man at the time of the incident. He testified that he was working on the 51st floor of the building and was kneeling down to grout tile. The plaintiff alleged that one of the defendant’s employees pushed a heavy cart full of drywall (three to five sheets) within feet of where the plaintiff was working. The plaintiff claimed that the defendant’s employee failed to chock the wheels of the cart or to otherwise secure it from moving. When the defendant’s employee began pulling the drywall from the cart, the cart rolled forward and struck the edge of a half-inch floor protector; causing the cart to tip over.

The plaintiff alleged that the load of drywall fell from the cart and struck him on the head, neck, shoulders and back. The plaintiff was diagnosed with a traumatic brain injury characterized by cognitive deficits and memory problems. The plaintiff’s medical experts also opined that the plaintiff sustained cervical disc injuries with radiculopathy and brachial plexopathy. The plaintiff also claimed a rotator cuff tear, carpal tunnel syndrome and emotional injuries, including depression, as a result of the incident.

The plaintiff claimed a total disability from employment and his economist calculated his total economic damages to be $6.5 million to $7.6 million. The defendant argued that the plaintiff should have observed the drywall cart being moved into the vicinity and should have made his presence known. The defendant also contended that the plaintiff had made a good recovery from any injuries sustained and that he could return to work as a tile setter, if he so desired.The case was settled prior to trial for a total of $________.

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