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$________ Construction Site Negligence – Plaintiff trucker falls over construction debris – Ankle fracture.

Morris County, NJ

The plaintiff truck driver, 48 at the time and currently 52, contended that the defendant general contractor negligently failed to maintain the construction site, resulting in the presence of a very significant amount of debris. The evidence reflected that a ramp had been erected to permit vehicles to enter the shell of the supermarket over the foundation wall and the plaintiff contended that after he had dropped off a load, he realized that another truck was obstructing his access and he could not leave. The plaintiff related that after walking to this trucker and being told the obstruction would continue for some time, he walked back to his truck, taking a different path. The plaintiff maintained that he then fell over the construction debris. The defendant maintained that the area was reasonably safe.

The defendant further maintained that the plaintiff failed to make adequate observations and was comparatively negligent. The plaintiff contended that he sustained a severe fracture/dislocation of an ankle and that initial surgery was not successful. The plaintiff underwent a second surgery and then a third operation for the removal of hardware.

The plaintiff contended that he will suffer extensive pain and difficulties ambulating. The plaintiff maintained that he will not be able to return to heavy construction work.The case settled prior to trial for $________.

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