Verdicts & Settlements - Construction Site Lawsuit

Jury Compensates Carpentry Laborer $525,000 in Construction Site OSHA Violation Lawsuit Against Kara Homes

Plaintiff was working for a framing sub-contractor on a 300 unit construction project in Monroe Township, N.J. Plaintiff was directed to use a ten foot strait ladder at 45 to install joist hanger brackets to the underside of the second floor to the home. The ladder slipped out and fell, on the way down Plaintiff's leg got caught between the rungs and the floor and he suffered severe trimalleolar ankle fracture injuries which required extensive surgery with the insertion of plates and screws.

The lawsuit was filed on behalf of Plaintiff by Gerald Clark, Esq. of the Keefe Bartels & Clark law firm in Newark, N.J. The suit was filed against Kara Homes, Inc, the general contractor on the project, and JM Framing Corporation, a framing sub-contractor that hired Plaintiff's employer on the job. In the litigation Attorney Clark demonstrated the contractors ignored federal workplace safety laws for the protection of workers that requires safety training, supervision and that the right equipment is brought to the job to safety complete the work. "They simply did nothing," said Clark. "We proved in Court the contractors totally ignored their responsibility to manage safety on this job site. They skirted the federal safety regulations to get the houses completed and sold with lighting fast speed to maximize profits at the expense of worker safety."

In the litigation Clark won hard fought battles that uncovered secret internal Kara Homes documents that showed a four year long pattern and practice of violating federal safety standards. "There were countless internal reports that showed Kara Homes routinely violated the safety rules," Clark commented. There was even a January, 2005 internal Kara Homes memo that said the company was "in violation of OSHA on most of our job sites" and that "the violations are too numerous to mention." In 2005 Kara Homes was building about 25 residential communities throughout New Jersey.

The case was tried over the course of seven days in Middlesex County Superior Court. The eight person jury awarded $500,000 for pain and suffering compensation and $15,000 for lost wages. The jury also awarded an additional $10,000 for the willful failure to comply with the federal safety regulations and the reckless disregard for the safety of the Plaintiff.

Clark commented, "we feel justice was served in this case. This is a fair decision which reasonably compensates my client for the severe injuries he suffered at the hands of these contractors that violated the federal safety laws." Medical testimony at trial revealed Plaintiff will in the future need an ankle fusion or total ankle replacement surgery as the traumatic arthritis from the fall worsens. "This case underscores the importance of the OSHA regulations and not cutting corners on worker safety," said Clark.

For more information or to speak with an experienced New Jersey constuction site accident injury lawyer, contact Keefe Bartels & Clark LLC.

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