Facts

This accident occurred on June 30, 2004, at approximately 6:30 a.m. Plaintiff was employed by a masonry subcontractor on the renovation of a 1920s Masonic temple into 50 lofts. The accident occurred on the first floor of the building where the plaintiff was assigned to set up a scaffold for masonry work. Plaintiff picked up a piece of plywood, stepped, and fell into a 60"x42" hole. Per plaintiff the fall was 16 feet; per defendant, 20 feet. Plaintiff brought suit against multiple subcontractors and the general contractor.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that each of the defendants had worked around the hole and had failed to cover the hole with a marked and secure cover. Plaintiff also contended that the general contractor had affirmatively taken on the responsibility to cover all holes on the jobsite and failed to do so.

DEFENDANTS' CONTENTIONS:
Defendants contended that the hole had been barricaded and/or covered and that the employee removed the cover to do his work.

Settlement Discussions

Per plaintiff, the policy limits of $5 million were demanded. Per defense counsel, plaintiff made a C.C.P. Section 998 offer in the amount of $20 million, then demanded $5 million at mediation.

Injuries

Plaintiff was rendered quadriplegic.

Result

The policy limits were paid, less policy depletion costs, for a total of $4,936,198. A structured settlement was set up with projected payments of over $17 million. In addition, the workers' compensation carrier waived credit of over $1 million and agreed to provide all future medical treatment to cure and relieve the effects of plaintiff's injuries.

Other Information

This case was mediated before Alexander Polsky of JAMS. Pursuant to contractual agreements between the general contractor and the subcontractors there was a single wraparound policy covering all the defendants with limits of $5 million. Asset checks of all defendants revealed no additional assets.