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$________ CONFIDENTIAL Construction Site Negligence – Slip and fall on ice in work area – Knee injury

Withheld County, MA

In this negligence matter, the plaintiff construction worker alleged that the defendants were careless in providing a safe work environment. As a result, the plaintiff suffered a knee injury when he slipped and fell on ice and snow that had accumulated in the work area. The defendants denied the plaintiff’s allegations, and maintained that the plaintiff was negligent, and caused his own injuries and damages.

The 38-year-old male plaintiff, an ironworker, was working on the defendant general contractor’s construction site. He was shooting studs into the rooftop of a building. The building was not covered, and the structure, as well as the plaintiff, were exposed to the elements. On the date of this incident, rain turned to snow and created an icy condition on the steel structure, which resulted in the plaintiff slipping and falling. As a result of the fall, the plaintiff injured his knee. The plaintiff brought suit against the defendant general contractor, and the defendant structural steel contractor, alleging negligence. The plaintiff contended that the worksite was not safe, and no security was provided to protect the plaintiff from the elements, as well as the dangerous conditions created by them.

The defendants denied the allegations and disputed liability and damages. The defendants maintained that the plaintiff, and his own employer, were negligent in permitting the plaintiff to continue to work when the conditions at the worksite became hazardous as a result of the deteriorating weather.

The plaintiff and defendants agreed to resolve the plaintiff’s injuries for the sum of $________, consisting of $________ for loss of consortium, $________ for lost wages and medical bills, and $________ for pain and suffering.The plaintiff’s workers compensation carrier objected to the allocation of the settlement, which was approved by the court over the carrier’s objections.

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