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ARTICLE ID 8241
$________ Slip and fall at construction site - Failure to provide safe work area - Bulging disc injury - Apportionment of fault to employer.
San Francisco County, California
The plaintiff elevator constructor injures lower back when he
slipped and fell on a poorly constructed ramp at a construction
site while carrying a ________ pound elevator door. The plaintiff p 7 3
contended that the defendant provided the ramp and negligently
exercised control over the project with regard to providing the
ramp and safe access to the work site. The plaintiff further
contended that the ramp was defective and dangerous as provided
by the defendant.
The plaintiff was a 52-year-old male elevator constructor at the
time of this incident. On February 7, ________, he was working at the
B.A.R.T. expansion project at the San Francisco Airport. The
defendant was the general contractor at the construction site.
The plaintiff testified he was carrying a ________ pound elevator door
when he lost his balance on a construction ramp. The ramp was
constructed of several 2 x 10 pieces of wood with wooden palettes
on top of them and sheets of plywood on top of the palettes. The
ramp would bow and flex when walked upon. The plaintiff presented
evidence that there were complaints made to the general
contractor by various workers on the site prior to the
plaintiffs fall and injuries. The plaintiff maintained that the
defendant told workers that they would have to live with it. As
the plaintiff was carrying the heavy door over the ramp, the ramp
bowed and flexed under his weight, causing him to lose his
balance and step off the ramp to steady himself, twisting his
back.
The plaintiff suffered a bugling disc in his lower back at the
L4-L5 level. Plaintiff contended that he was unable to return to
his job as an elevator constructor as a result of the injury and
was unable to effectively participate in vocational
rehabilitation.
The defendant asserted that it did not provide the ramp and it
was not required to provide a ramp as part of its
responsibilities. Defendant contended that the plaintiffs
employer was required to provide a ramp as part of the means and
methods of transporting its equipment to perform its elevator
construction work. Furthermore, the defendant contended that the
plaintiffs injuries were due to degenerative disc disease in the
plaintiffs lower back which the defendant alleged was a
preexisting condition.
The plaintiff had demanded $________ and the defendant offered
$________. The trial lasted five weeks and the deliberations
lasted two days. The jury returned a gross verdict of $________
broken down as follows: $________ for economic damages; and
$________ for non-economic damages. As to liability, the jury
found the defendant 87.5% responsible for plaintiffs injuries
and the plaintiffs employer 12.5% responsible for the
plaintiffs injuries. The verdict was reduced by $________ for a
workers compensation lien, leaving a net verdict to the
plaintiff of $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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