Verdict: Not Guilty
Plaintiff’s Doctors: Dr. Michael Zindrick (Orthopedist)
Plaintiff’s Experts: Kenneth J. Yotz (Safety and Jason Tolmaire (Accountant/CPA)
Plaintiff, a journeyman carpenter, was walking across a wooden plank when it broke causing him to fall 5 to 8 feet into the excavation below and on to concrete. Plaintiff suffered a re-herniated disc at L5-S1, requiring a discectomy and laminectomy 14 months later and leaving him permanently incapable of returning to work in the same capacity and needing a future fusion surgery. Defense contended that Plaintiff had alternative means to leave the jobsite, the excavation was 2 to 3 feet deep, and that they did not put up the plank in question. Further, defense asserted that they met all applicable OSHA standards. Two other defendants settled with Plaintiff prior to trial.
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Category: Case Results Blog, Construction Accidents, Low Back Injuries, Negligence, Premises Liability, Statutory Actions, Structural Work Act, Workers Compensation/Work Injuries