Facts

Nathan Beckner sued Beacon Construction Inc., WM O'Neill Lath And Plastering Corp., Green Valley Corp. dba Barry Swenson Builder, and F&F Steel & Stairway Inc., in connection with a workplace accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was working for Silicon Valley Glass as a journeyman glazier and working on a construction project, the Santana Row project, in San Jose when he impaled his left eye on a steel fence post that was left unguarded. Plaintiff alleged that he was descending a scaffolding at the time and, as looked over his left shoulder to gauge how high off the ground he was, he inadvertently impaled his left eye. The unguarded post allegedly had thin, sharp U-shaped channels that were welded on the side. He sued the general contractor, Beacon Construction, the scaffold company, WM O'Neill, and subcontractors F&F Steel and Green Valley for violating the Occupational Safety and Health Administration guidelines. Plaintiff asserted that defendants were negligent in failing to cap the post and in installing the scaffolding too close to the fence post. In response to defendants' contentions regarding the wearing of safety glasses, plaintiff contended that his employer only required them when doing sanding, cutting, or grinding tasks, which he wasn't performing at the time.

DEFENDANTS' CONTENTIONS:
Defendants blamed plaintiff for his injuries for failing to wear safety glasses at all times as required. Defendants also contended that the steel posts were obvious and open, and so plaintiff was liable for his own injury.

Damages

Beckner claimed he was totally disabled for a period of one year and although he has returned to work, he alleged he should not work at heights because of compromised vision, such as depth perception issues. Beckner's TTD was approximately $31,000. Beckner's past medical expenses were approximately $62,000. The total of the workers' compensation lien was approximately $100,000.

Injuries

Becker claimed he lacerated his left eye and underwent surgery to repair it. He claimed a detached retina and underwent several more eye procedures, which left his eye disfigured. He continued to have problems with his visions and had a higher risk for eye diseases like glaucoma.

Result

The parties reached a $1.85 million settlement prior to trial. Becker's workers' compensation insurance carrier agreed to waive the lien and provided him with an additional $35,000 for future medical expenses as part of the $1.85 million global settlement.

Other Information

FILING DATE: June 6, 2012.