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$________ CONFIDENTIAL – Construction Site Negligence – Sub contractor negligence – employee lifts tool cart over wall and drops through open shaft falling on plaintiff – Neck and shoulder injuries alleged

Withheld County, MA

In this construction site negligence matter, the plaintiff alleged that the defendant sub contractor was negligent in moving a tool cart over a wall and causing it to fall through an opening in the floor, striking the plaintiff in neck and shoulder. As a result of the incident, the plaintiff suffered: Neck, head, and shoulder injuries which impeded his ability to work in the future. The defendant denied the allegations and disputed the liability, as well as the nature and extent of the plaintiff’s injuries and damages.

On the date of the incident, the plaintiff was working in the basement of a construction site. While the plaintiff was working, he was struck by a falling tool cart that had been tossed over a wall by the defendant sub contractor’s employee and fell through an opening in the first floor. As a result of the incident, the plaintiff suffered injuries to his: Head, neck, and shoulder. He brought suit against the defendant sub contractor, whose employee threw the cart, and alleged negligence in failing to retain control of the cart while he was moving it over the wall and failing to ensure that the area where he was moving the cart was safe. The plaintiff contended that had the employee looked before he moved the cart he would have noticed the open shaft in the floor. The plaintiff maintained that the general contractor was negligent for failing to maintain a safe work site.

The defendant general contractor denied liability, and the defendant sub contractor denied liability as well, asserting that the plaintiff’s own employer, another sub contractor, was responsible for the open shaft in the floor area that the tool cart fell through.

The defendant also disputed the nature and extent of the plaintiff’s injuries and damages, and agreed that the plaintiff could not perform heavy lifting as a result of the incident, but disputed the plaintiff’s lost wage claim and the impact that the plaintiff alleged the injury had on his lifestyle.On the eve of trial, the parties agreed to resolve the plaintiff’s claim for the sum of $________ following a mediation session. The available insurance was $________ based on the sub contractor’s agreement to indemnify the general contractor, effectively removing the general contractor’s insurance from settlement negotiations.

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