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CONFIDENTIAL

May 6, 2003

Personal Injury
Construction Accident
Negligence

Confidential

Settlement –  $1,500,000

Facts

The plaintiffs were setting joists on a tilt-up construction project. The plaintiffs worked for W Construction, who was doing the interior framing on each of the five buildings involved in the project. The general contractor was the defendant M Builders. On Dec. 19, 2000, the framing on three of the buildings had been completed, and the plaintiffs were in the process of hanging joists at a height of about 14 feet above the concrete floor on the fourth building. The joists were secured to a beam on one end. At the other end, they were set on the hanger of a metal ledger that was embedded in the tilt-up concrete wall. There were no nails, welding equipment or fasteners that secured the joists to the hangers. At the time of the accident, plaintiff E and plaintiff J were standing on a joist without fall protection when the joist slipped off the hanger, causing the plaintiffs and the joist to fall to the concrete foundation below. Plaintiff E fell first and plaintiff J fell on top of him.

Injuries

Plaintiff E (an illegal alien) suffered paraplegia. Plaintiff J suffered minor head injuries which were substantially resolved at the time of the settlement.

Result

$1.4 million to plaintiff E and $100,000 to plaintiff J.


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