Construction Site Accident - Lull Runs Over Foot, Below-The-Knee Amputation

Injuries 
Right leg below-the-knee amputation, left knee replacement
Name of Case
Withheld
Court
Withheld
Tried Before Judge or Jury
Settled prior to suit
Recovery
$1,200,000.00
Special Damages
Medical expenses totaling $230,000.00
Date of Recovery
August 2010
Plaintiff’s Counsel
Marc L. Breakstone
Boston
Other Useful Information

On November 21, 2007, the 46-year-old plaintiff, a steel worker at a construction site, had his right foot and ankle crushed by a lull (large forklift on wheels) being operated by a co-employee. Plaintiff and the co-employee were in the process of moving steel joists when the co-employee disregarded a hand signal from plaintiff and turned in the wrong direction.

The defendant general contractor had a written health and safety policy which stated that only experienced and qualified personnel could operate lulls. The lull operator at the time of plaintiff’s accident was neither licensed nor qualified to operate the lull. Minutes before the incident, the co-employee jumped behind the controls of the lull and was having some difficulty operating the telescopic boom of the machine. The accident occurred when the co-employee turned the wrong way following a hand signal by plaintiff who was walking alongside the load being carried by the forks of the lull.

Liability against the general contractor was based on the general contractor’s failure to supervise the job site, its failure to require subcontractors to provide proof of licensure of machine operators, its failure to monitor the work for safety at the jobsite, and its failure to comply with its own health and safety policy.

Plaintiff, a former Division 1 running back, suffered a major crush injury to his right lower extremity resulting in a below-the-knee amputation of the right leg. He required three additional stump revisions, but eventually was able to be fitted for a prosthesis. In addition, plaintiff suffered an injury to the left knee, which required two arthroscopic repairs and eventually a left total knee replacement.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
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Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
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Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
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I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
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Ron was excellent. He was on top of everything. He answered every question. John
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Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
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