$________ CONFIDENTIAL Premises liability – Negligent maintenance of ladder owned by defendant and given to plaintiff – Plaintiff is injured due to defective ladder – Knee Injury – Partial knee replacement and multiple surgeries.

Withheld County, MA

In this negligence matter, the plaintiff pipefitter alleged that the defendant property owner gave him a defectively repaired ladder to use to access the roof. As a result of the defective nature of the ladder, the plaintiff slipped and fell, injuring his knee. The plaintiff suffered a severe knee injury which caused the need for a partial knee replacement. The defendant denied liability and disputed the nature and extent of the plaintiff’s alleged injuries and damages.

The 43-year-old male plaintiff, a pipefitter, was ascending a ladder that had been repaired by the defendant in order to gain roof access for purposes of his work when the defective ladder gave way, causing the plaintiff to slip and fall from the ladder. As a result of the incident, the plaintiff severely injured his knee. He was diagnosed with a torn meniscus, joint disruption and effusion.

As a result of these injuries, he suffered limitations to the use of his knee which impeded his ability to work as a pipefitter. He had to undergo several surgeries and a partial knee replacement. He incurred medical expenses totaling $________. The plaintiff brought suit against the defendant alleging negligence in the maintenance, ownership and control of the ladder. The plaintiff contended that the defendant’s maintenance and repairs to the ladder caused it to be dangerous and defective resulting in the plaintiff’s injuries and damages.

The defendant denied the allegations and maintained that the plaintiff had used the same, fixed ladder on many other occasions without any problems or complaints. The defendant disputed causation and the extent of the plaintiff’s injuries and damages, citing that the plaintiff had preexisting knee injuries. The defendant further disputed the plaintiff’s claim that he was unable to work as a pipefitter.

The matter settled on the eve of trial for the sum of $________. Prior attempts to mediate the plaintiff’s claim had been unsuccessful in arriving at a settlement.