Confidential
Settlement – $300,000Facts
In August or September 1995, the plaintiff, a 54-year-old laborer/builder, was hired to do roofing work by an unlicensed and uninsured roofing contractor on the defendant's property. The contractor had no worker's compensation insurance, and no building permit had been issued for the roofing work. The property was a single family residence owned by the defendant, but not used as a home. On Sept. 11, 1995 while working on the defendant's property, the plaintiff fell 25 feet from the roof, sustaining extensive injuries. No safety belts, hooks, lines, scaffolding, ladders or eave barriers were in use on the roof. The plaintiff had worked on the house less than 52 hours. The ostensible employer defaulted, and an action was brought against the owner. The plaintiff brought this action against the defendant owner based on premises liability, failure to warn, peculiar risk and negligent selection of a contractor theories of recovery.
Settlement Discussions
The plaintiff made a pre-filing settlement demand for $300,000. The defendant made a settlement offer of $300,000 six months after the case was filed.
Specials in Evidence
over $110,000 over $30,000
Injuries
The plaintiff alleged he suffered a left femoral shaft fracture, a comminuted fracture, left distal radial and ulnar fractures, a fractured left elbow and wrist, an open right ulnar and a radial head fracture.
Other Information
The settlement was reached approximately eight months after the case was filed.
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