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$________ JOINT CONFIDENTIAL – Construction Site Negligence – Failure to properly supervise work – Failure to provide safe work site – Plaintiffs fell 25 feet while demolishing second floor of building – Fractured wrists.

Withheld County, MA

In this construction site negligence matter, the two plaintiffs were workers on a demolition crew at the defendant construction management company’s job site. The plaintiffs were cutting away the second floor of the two-story building when the floor collapsed and they both fell 25 feet into the basement of the building. The two plaintiffs each suffered a fractured wrist, and were required to undergo surgical repair of the fractures. The defendant denied the allegations and disputed any liability to either plaintiff.

The two male plaintiffs were Honduran immigrants employed by a demolition crew that was working on the restoration of a two story building that had been destroyed by a fire. On the date of the incident, the two plaintiffs were on the second floor of the building and had been instructed to cut away the second floor. A portion of the second story had already collapsed, resulting in a hole exposing the basement of the building. The one plaintiff was using a

chainsaw, and was cutting away at material while he was being held by a fellow co-worker using a belt. The other plaintiff was working nearby. The floor collapsed, causing the plaintiffs to fall approximately 25 feet through the first floor and into the basement. The plaintiffs were diagnosed with fractured wrists, and were required to undergo surgery to repair their injuries. The plaintiffs brought suit against the defendant construction management company, alleging that the defendant failed to properly supervise the work site and provide the plaintiffs with proper fall protection. The plaintiffs maintain that they are unable to return to work in the demolition field as a result of their injuries. There was also loss of consortium claims filed by the plaintiffs’ families.

The defendant denied the allegations and maintained that the plaintiffs, and their employer, were liable for the workers’ injuries and damages. The defendant disputed the nature and extent of the plaintiffs’ injuries and damages as well.The matter was mediated on two occasions unsuccessfully, and finally was resolved for the combined sum of $________ in a confidential settlement prior to the trial in this matter.

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