A 37-year-old construction worker was standing on a scaffold while tearing out a wall in a store being renovated. The scaffold was provided by another company, and the job site was controlled by a large general contractor. The scaffold was defective and collapsed rendering this 37-year-old man a quadriplegic. Defendants argued that the only benefits he should receive was workers compensation.
A lawsuit was filed against the general contractor, the subcontractor who provided the defective scaffold, and the scaffold manufacturer. The general contractor denied any responsibility on the grounds that it was not supervising this tear-out, but Martin & Jones lawyers demonstrated that the general contractor’s job superintendent was aware that the workers on the scaffold had complained about it being unsafe. Similarly, the scaffold manufacturer denied that its scaffolding was involved, but investigation was able to trace the scaffold to the manufacturer.
A $7.48 million settlement was obtained after two years of litigation. The settlement funds have allowed this young man to live independently in his own home with attendant care, and to travel in his own handicapped-accessible van with a driver.
(Cases or matters referenced do not represent the law firm’s entire record. Each case is unique and must be evaluated on its owns merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results. Unless otherwise specified, each of the following matters was contested on liability and/or damages, the opposing parties were represented, the matters involved complex legal and/or factual issues, and the law firm was successful in collecting the amounts stated. Case summaries are from 2000 through the present.)