Construction Accident - Back Injury
Lost Earnings: $50,000.00
The injury occurred when the plaintiff fell over a pipe covered with snow on the floor of an indoor construction site. As a result of this fall, plaintiff suffered a back injury, which prevented him from returning to his work as an iron worker.
The 38 year old plaintiff was a union iron worker, who, along with his co-worker, was carrying a heavy iron stringer to a storage room at the construction site. During the course of discovery in the litigation it was proven that, in violation of his duty to provide a safe work site, the general contractor failed to remove debris from the floor the night before the incident occurred and then left the building open to the weather overnight, allowing snow to blow in. Early the next morning, the Plaintiff stepped on the snow covered loose pipe which he could not have seen as he carried the iron stringer toward the storage room. As he stepped on the snow covered pipe his foot rolled forward and he fell while carrying the heavy stringer, injuring his back.
Defendant contended that the plaintiff had a pre-existing back injury and that they were not responsible for his inability to return to his job as an ironworker. Mr. Gluck used expert medical testimony to establish that while plaintiff had some pre- accident back pain, he was able to work without limitation, in spite of the pain, because the back pain was caused by minor soft tissue irritation. Following the accident the pain was entirely different in its location and severity. The case settled after a lengthy mediation, which took place approximately two weeks before the scheduled trial date.
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