Verdicts & Settlements - Construction Accident Settlement
Union Laborer Settles Fractured Ankle Construction Accident Case for $625,000
John Keefe, Jr., Esq. and Gerald H. Clark, Esq. settled a construction accident case for $625,000 where the dominant injury was a severely fractured ankle. At the time of the accident the plaintiff, a union laborer, was working on scaffolding on a construction site in Eatontown, Monmouth County, New Jersey. At the time of the accident, plaintiff was working as a laborer for mason subcontractor on a large commercial job site involving the construction of a new electronics store. Scaffolding was used in the construction of the cement block walls of the stores. The scaffolding continuously elevated as the work progressed; at the time of the accident it had reached a height of approximately 25 feet. As a laborer, the injured plaintiff's job was to retrieve cinder blocks, mortar and other materials to supply the masons who would do the actual construction of the wall.
The accident occurred when the plaintiff was asked by a mason to retrieve more cement blocks for the wall. This required him to climb down a ladder which was leaned up against the scaffold. However, the top of the ladder was not tied to the scaffolding or otherwise secured or braced so as to prevent it from sliding laterally. This violated the federal workplace safety regulations known as OSHA. As plaintiff was about one or two rungs down the ladder, the ladder slid to the right, placing into motion a chain of events which had forever changed his life.
As Plaintiff realized he was going to fall, he looked down and saw exposed rebar in his path and therefore pushed himself away from the ladder, thus saving himself from being impaled on this rebar. He landed twenty-five feet below onto a concrete loading dock surface. He sustained a fractured ankle. Plaintiff alleged the ladder not being tied off violated numerous codes and standards, including OSHA. Plaintiff's liability expert articulated the safety violations and negligence of the general contractor which resulted in the accident and severe injuries to Plaintiff. Plaintiff alleged that the general contractor on the job site had a non-delegable and ultimate duty for safety on the job site.
Through a vigorous discovery campaign Keefe Bartels & Clark lawyers were successful in uncovering a critical letter from the general contractor to plaintiff's employer which showed the general contractor had specific knowledge of these and other safety hazards but took no affirmative steps to fix them. Their failure to do so violated OSHA as well as their own safety manual. At the deposition of the job foreman lawyers elicited testimony that ladders were not tied off so frequently on this job site he could not estimate an amount.
For more information or to speak with an experienced New Jersey construction accident injury lawyer, contact Keefe Bartels & Clark LLC.
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