$________ – FAILURE TO ERECT TEMPORARY WALL DURING BUILDING RENOVATIONS – PLAINTIFF EMPLOYEE TRIPS WHILE ASSEMBLING TABLE AND FALLS THOUGH PLASTIC SHEETING USED FOR TEMPORARY WALL – MULTIPLE INJURIES

Union County, NJ

The male plaintiff, age in his early 60s, was employed by a teleconferencing tenant in the office building undergoing major renovations. He contended that the defendants landlord and contractor negligently created highly dangerous conditions by placing a piece of opaque, plastic sheeting in place of glass that was supposed to be installed for the wall. The plaintiff contended that as a result, he fell through the soft plastic and down to the first floor, after he tripped while helping to assemble a table on the second floor. The plaintiff maintained that he suffered multiple fractures to both legs, including comminuted fractures to the right calcaneus, right ankle fractures, knee injuries, a compression lumbar fracture, and a fracture/dislocation to the right dominant thumb. The plaintiff was employed as a handyman after having retired from UPS.

The final stage of the renovations of the approximate ________ sq. foot building entailed the construction of a “fishbowl” conference room on the second floor; along with a glass wall that was also to be used. The old wall was removed on a Friday afternoon, with anticipation of installing the glass wall over the weekend. The evidence revealed that when the defendant could not do so, it used the opaque plastic, that was a similar consistency as a curtain. The plaintiff’s safety expert contended that the use of this material created a very hazardous condition, and that OSHA regulations were violated. The plaintiff maintained that a safer temporary wall should have been constructed and used until the glass could be inserted.

The plaintiff sustained a tibial plateau fracture of the left leg. The plaintiff further sustained a tear of the lateral meniscus in the left knee, and a comminuted fracture to the calcaneus on the right side. The plaintiff also suffered a right ankle fracture, right foot fractures, including a right foot injury to the peroneal tendon; as well as a compression fracture in the lumbar area, in which the plaintiff maintained will cause permanent pain, and heighten the difficulties and pain associated with ambulation.

The thumb fracture essentially resolved.

The plaintiff made a combined past and future income loss claim of approximately $________.

The evidence would have reflected that the plaintiff was very well thought of, and the defendant owner indicated during his deposition that he was not critical of the plaintiff’s actions.The case settled prior to trial for $________.