Construction Site Personal Injury Law: Injury Case Reports

CONSTRUCTION SITE PERSONAL INJURY CASE REPORTS

IMPORTANT DISCLAIMER

Past results cannot guarantee future performance. Any testimonial, endorsement or result in any single particular case does not constitute a promise, prediction or guarantee regarding the outcome of any other case. The Conour Law Firm, LLC always represents their clients to the best of their ability and those efforts over the years have resulted in substantial settlements and verdicts on behalf of his clients and positive changes in the law to benefit future injury victims. However, because each case involves many different factors, results will always be different from case-to-case. For that reason, the result that the Conour Law Firm, LLC obtains in one case is no guarantee that he will achieve the same or similar result in any future case. Every case is dependent upon its special facts and the laws of the jurisdiction where the lawsuit must be filed. Many settlements obtained by the Conour Law Firm, LLC are confidential and the precise amount and terms of those settlements cannot be disclosed. The only common factor in all the cases reported here is that the plaintiff was represented by theConour Law Firm, LLC.

$1,900,000 jury verdict in Lima, Ohio on behalf of the wife and children of a construction worker who was killed in a fall at the BP Chemical Plant. The claim was against the General Contractor for failure to enforce standard safety obligations at the construction site and failure to provide or to insure that the employer provided fall protection for the ironworker who fell to his death. The deceased ironworker was the foreman of an erection gang at the construction project. This case was reported in the June 30, 1994, issue of the Lima News as the largest verdict ever recorded in Allen County, Ohio. The case was also reported in the Fort Wayne, Indiana, The News Sentinel on Thursday, July 7, 1994.
Colter v. H. U. Tuttle & Sons

Multi-million dollar confidential settlement in a wrongful death lawsuit on behalf of the widow and minor child of a journeyman ironworker. The ironworker was shoring an outrigger to a crane when a 12-ton slab of precast concrete fell onto him, crushing and killing him instantly. Suit was filed against the landowner and General Contractor for damages for improperly securing the concrete.
Huber v. (name of construction company withheld)

A confidential seven-figure settlement on behalf of the Estate of an ironworker who was killed during decking work. This ironworker was a member of a decking crew that was installing metal decking on new construction 20-feet above the ground. He stepped onto one of the decking sheets which was spanning two purlins and the decking sheet collapsed under his weight. The basis of this claim was the failure to provide an adequate walking/working surface for the ironworker and the failure to provide fall protection for the safety of the worker. Even though Subpart R of OSHA did not require fall protection under 25-feet, the General Duty Clause requires a safe workplace and would apply to falls of less than 25-feet where fall protection could be easily provided.
Estate of Brian Morgan v. (name of construction company withheld)

Multi-million dollar confidential settlement for a traumatic brain injury of an ironworker who was injured during structural steel erection. The injured ironworker was walking across a beam being held by a crane and trying to climb around the "Headache ball" when he slipped and fell. He suffered serious traumatic brain injury. This lawsuit was successfully appealed twice to the Indiana Supreme Court before the defendants finally agreed to the multi-million dollar settlement.
Wilburn v. (name of construction company withheld)

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A confidential six-figure settlement in a wrongful death action for the death of an ironworker who fell through a skylight. The difficult part of this case was that the ironworker had been told three times that morning to hookup to the fall protection system which had been provided by the employer. However, after hooking up, the ironworker disconnected himself on each occasion and at the time he fell through the skylight he was not connected to the fall protection system. No workers' compensation benefits were paid to the dependents of the ironworker because of his deliberate refusal and failure to obey a reasonable safety order. Notwithstanding these facts, Bill Conour, as lead counsel in this case, was able to negotiate a significant settlement against the General Contractor and landowner on behalf of the dependents of the ironworker.
Brenner v. CMS Roofing, Inc., et al.

A $950,000 settlement on behalf of a hod carrier who fell over 24-feet from a scaffold onto a concrete floor. This workman suffered several fractures and nerve damage resulting in a neurogenic bowel and bladder as a result of falling off of a scaffold which was four jacks high. There were no guardrails or toe boards on the scaffold and no other fall protection had been provided to the workman. He was loading block onto the scaffold from a forklift when he inadvertently stepped off of the edge of the scaffold. The lawsuit was brought against the General Contractor and a masonry contractor for failure to comply with OSHA and provide basic fall protection for the worker.
Dallas v. (name of construction companies withheld)

A confidential settlement for the death of an ironworker who fell from the leading edge of a deck which was being laid at a elementary school. During the construction of an elementary school, the ironworkers had partially completed the decking but had left a large opening approximately 20 feet above the ground. The ironworker walked across a beam to a fellow worker to borrow an extension cord and, when he turned around he inadvertently stepped off the edge of the decking and fell 20 feet to his death. Suit was brought against the General Contractor and others for contractual safety violations and failure to use any fall protection or perimeter cabling since no decking work had be done for several days. Even though a leading edge does not require perimeter cables, when a leading edge is abandoned for several days it becomes an exposed edge and subject to fall protection requirements.
The Estate of Michael L. Condon v. (name of construction companies withheld)

A confidential six-figure settlement on behalf of a plasterer who was finishing cement on a mezzanine level of a fire station when he fell 17-feet backwards onto the first-level concrete floor. This workman suffered knee and foot injuries which could have been avoided had the General Contractor complied with its contract to enforce safety through the use of toeboards, perimeter cable and other fall protection.
Cannon v. (name of construction company withheld)

A confidential settlement on behalf of an ironworker who fell through a bridge into the river below. During construction, a crew of carpenters had followed the ironworkers and removed the screws from the pans on the bridge in order to complete form work. When the ironworker returned to the bridge carrying more pans he stepped onto an unsecured pan. It collapsed under his weight causing him to fall through the bridge. Failure to supervise the work was one of the bases of the lawsuit against the general contractor
Harrington v. (name of construction company withheld)

A confidential settlement on behalf of a mason who was injured when the scaffold he was using collapsed during its dismantling causing him to fall to the ground with resulting injury. The cause of this injury was the failure of the General Contractor to abide by reasonable safety precautions and to require that the scaffold be dismantled under the direction of a "qualified person"
Holton v. (name of construction company withheld)

A six-figure confidential settlement and a waiver of 80 percent of the workers' compensation lien for a laborer who was injured when he fell down an open elevator shaft resulting in an amputation of his leg below the knee. The laborer was laying out an extension cord while walking backwards when he fell down an unguarded elevator shaft. The shaft had not been barricaded or covered as required by OSHA.
Zugel v. (name of construction company withheld)

A $290,000 settlement plus a waiver of the $84,000 workers' compensation lien for an ironworker who was injured in a fall during the construction of an elementary school. The ironworker had unhooked his lanyard to descend the iron for lunch and he slipped and fell while walking across a beam. The failure of the General Contractor to provide, or to insure that the employer provided ladders to climb down from the iron was one of the bases for the claim and also that the job site had not been kept clean causing the plaintiff to land on debris resulting in additional injuries to his neck and back.
Judge v. Jungclaus-Campbell Construction Company

A $70,000 settlement plus a waiver of a workers' compensation lien for a carpenter who suffered soft tissue injuries in a fall from a broken ladder. The ladder had been built at the job site and one of the rungs was broken. The carpenter had used another ladder to climb to his work level but when descending the work level, he used the defective job-built ladder which caused him to fall a few feet to the ground landing on his feet. Defective and broken ladders are impermissible at construction sites and the General Contractor failed in its duty by allowing this ladder to remain on site. The ladder was chopped up and discarded after Plaintiff's injury.
Beers v. F. A. Wilhelm Construction Company

Multi-million dollar confidential settlement for an ironworker who was injured in a fall while decking. The ironworker was standing on a sheet of decking which had not been tack-welded or secured. It slid under him causing him to fall approximately 25-feet to the ground. He suffered severe physical injuries and a traumatic brain injury. Failure to provide fall protection and to visibly inspect the work to insure that the decking was secured before allowing workmen to walk on it was one of the claims against the General Contractor.
Joseph v. (name of construction company withheld)

A $285,000 settlement and waiver of the workers' compensation lien for an ironworker who fell four stories during structural steel erection. This ironworker was very lucky to have only suffered multiple fractures to his legs and ribs as a result of this fall. He landed in wet, freshly poured concrete. The General Contractor paid the majority of this settlement for failure to insure safety compliance, including basic fall protection.
Merriweather v. P. R. Duke Construction Company, et al.

Settlement of $386,750 for ironworker who fell through skylight opening. Plaintiff sustained a fractured pelvis, multiple rib fractures and a collapsed right lung in a fall at a construction site on December 18, 1996. Plaintiff was employed as an ironworker laying metal decking for a new water treatment facility. The day before Plaintiff=s injury, the masons inside the building decided to lay styrofoam sheets over skylight openings in the decking to try to maintain heat within the building. They were also using portable heaters to maintain the heat. When Plaintiff arrived for work the next morning, he saw the blue 8' x 4' styrofoam sheets laying on the roof. Several hours into the workday, while carrying a piece of decking, Plaintiff stepped onto one of the styrofoam sheets which happened to be directly over a skylight opening causing him to fall through the styrofoam and the opening landing approximately 18' - 19' below. Suit was filed against the General Contractor and masonry contractor for failure to properly guard the roof openings and for creating a hazardous condition. Settlement amount includes worker=s compensation lien waiver.
Darrell Holt v. Bowen Engineering and Purdy Masonry, Inc.

A confidential seven –figure settlement for a truck driver who suffered a severe lower leg crush injury after a rear end highway collision. The driver of a semi tuck was severely injured when the tractor trailer behind him slammed into him after failing to slow in a construction zone. Settlement was reached with the additional benefit of continued worker’s compensation benefits, including wage and medical treatment.