Facts

Ronald Van Kleeck was working on a project to stabilize and remodel an 85-year-old garage at a historically preserved home when the garage collapsed on him, causing injuries. He sued Mark and Freya Read, owners of the garage, for negligence per se in failing to obtain a permit as required.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants hired him for the project without the needed permit and with knowledge that he was not a licensed contractor. Defendant's failure to obtain a permit, plaintiff contended, turned them into owner-builders thereby making plaintiff defendants' employee. Plaintiff further contended that his claim was not barred by the exclusive remedy rule of workers compensation since the homeowner's policy did not cover the employee of an owner-builder engaged in a construction project.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff was an independent contractor and had misrepresented himself as being in a partnership with a licensed contractor. Defendants also contended that plaintiff's partner should have informed them of the need for a permit, but did not do so. Defendants further contended that plaintiff was solely negligent in his plan and design for the garage remodeling and was solely at fault for its collapse.

Damages

Van Kleeck sought approximately $125,000 in past medical costs and approximately $90,000 in future medical costs.

Injuries

Van Kleeck was taken by ambulance to the emergency room. He sustained a fractured left hip and underwent surgery to fix it. He followed it up with physical therapy. He also sustained a fracture in his lower back, which he treated with a back brace. He received chiropractic care for his back. Van Kleeck claimed that his hip injury has not fully resolved and will require future hip replacement. He continued to suffer from residual back pains.

Result

The parties negotiated a $275,000 settlement.