Trial and Results
Attorney for the Defendant: Prominent Construction Company
DANIEL M. NOVIGROD
The Plaintiff, a 26-year-old construction worker, suffered a traumatic brain injury that left the Plaintiff with cognitive deficiencies and physical disabilities after a 14 feet above the floor below. Plaintiff was in a coma and had to have a guardian appointed. We filed a third-party action against our sub-subcontractor, who was implicated as a possible employer. Plaintiff’s claims included a dangerous workplace and lack of training.
Plaintiff had nearly $1,000,000 in past medical specials, a life care plan priced out at just over $4,000,0000, and lost wage/earnings calculated at just over $2.,500,500. We aggressively defended the claims and we uncovered circumstantial and testimonial evidence regarding Plaintiff's considerable experience in construction. We proved that Plaintiff was provided with a safety harness, and that he could only have fallen by making the personal decision to not use the harness, because of his ease and comfort with working at heights.
Settled: On the eve of trial we were able to settle for less than 1/3 of Plaintiff's demand at mediation, and well below Plaintiff's economic damages!