Facts

Plaintiff, a handyman, was asked to repair a patio roof on a home that was being put up for sale. During the repair, he fell through the patio roof and became paralyzed from the chest down. The handyman was referred to the homeowner by the real estate agent. The handyman was paid by the homeowner. After receiving the policy limits from the homeowner, plaintiff sued the real estate agent and the real estate company for negligence.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was hired by an agent of the real estate company and because he was not licensed to do the work he was performing at the time of the incident, as a matter of law, he is an employee and not an independent contractor. As an employee, plaintiff did not work enough hours to be eligible for workers' compensation and as such this case was outside the exclusive remedy provision.

DEFENDANT'S CONTENTIONS: Defendant contended that there is no liability against the real estate agent nor the real estate company since they did not hire or pay plaintiff. Defendant claimed that plaintiff caused the incident going up on the roof against the homeowner's instructions and was told to get down multiple times. Defendant contended that plaintiff caused the incident by sawing the piece of wood he was standing upon.

Injuries

Paralysis from the chest down.

Result

The case settled for $4,350,000 policy limits.