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$2,500,000 SETTLEMENT - Construction Accident Resulting in Traumatic Brain Injury

Our client, a steelworker, fell through an open hole in the floor at a construction site. There were no witnesses to the fall and our client's injury prevented his having any recall how the incident occurred. The defendant general contractor denied any responsibility claiming: (1) the hole was protected by a wire guardrail that was OSHA compliant; (2) no one could prove how our client fell into the hole; and (3) that our client was to blame. We hired former OSHA supervisor Tony Fuscillo to testify why the hole was dangerous and not OSHA compliant, as well as world renowned forensic scientist Dr. Henry Lee to explain how the fall occurred. We developed a computer illustration to show the fall’s re-creation and resulting injuries. We located five witnesses who testified that they asked the defendant to plank the hole prior to the fall due to safety concerns. The defendant denied that any witnesses made this request. We also vigorously cross examined a heralded defense expert who had built a full scale model and hypothesized a theory of the fall that argued with either the evidence or the laws of physics. After three days of mediation, the personal injury case settled shortly before trial for $2,500,000, which was separate from the $875,000 paid to stipulate his worker’s compensation claim. The proceeds from the settlement were placed in a trust to ensure our client’s well-being for his entire life.

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