Facts

In 2008, Mathew Colfer was working on the second floor of a condominium construction project when he stepped backward to make room for a co-employee. When he did, he went through plastic sheeting that was obscured by plastic over-spray that his fellow plasterers had used to cover a wall opening to an unguarded trash chute shaft. Colfer fell two stories down the unguarded trash chute.

Colfer sued Segue Construction Inc., the general contractor, and the seven subcontractors that had worked in the vicinity of the shaft opening. Colfer alleged violations of the Occupational Safety and Health Administration regulations due to the absence of guardrails at the opening of the trash chute shaft. Colfer also alleged that one of the seven subcontractors must have removed the safety rails, which subsequently caused his fall.

Segue and six of the subcontractors were eventually let out on a summary judgment motion. Thus, the case proceeded against S&S Drywall as the sole remaining defendant since S&S had installed the drywall in the shaft before the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the drywall work in the shaft was not complete, suggesting that S&S was still working in the area at the time of the accident. Colfer had no memory of the accident, but his co-employees testified that their work did not require them to remove the safety rails. Colfer contended that S&S was still working in the area at the time of the accident and argued that the safety rails were left down with the intention of allowing S&S to return to complete the work.

DEFENDANT'S CONTENTIONS:
Defendant contended that since the drywall work was finished in the area in question, the safety rails would have been replaced pursuant to the company's customary practice. S&S's superintendent testified that the company's customary practice was to reinstall the safety rails as the drywall on each floor of the shaft was completed. S&S also testified that the construction job site documents showed that the drywall work in the shaft was inspected and approved before the accident. S&S presented photographic evidence suggesting that Colfer's co-employees removed the guardrails after S&S workers left the area in order to install the plastic sheeting.

Damages

Colfer was out of work for over four years, and ultimately returned to work as a part-time limousine driver in January 2012. He sought $144,593 in past medical expenses, $426,000 in past lost wages, $1,834,560 in future lost wages, $260,739 in workers' compensation lien, and damages for past and future pain and suffering.

Injuries

Colfer lost consciousness as a result of the fall. He sustained fractures to his vertebrae, and was taken by ambulance to the hospital. He underwent a fusion with a laminectomy and later received narcotics for pain management and chiropractic treatment for his neck, arm, and right shoulder. Colfer claimed that his head injury resulted in permanent cognitive and emotional deficits. He also claimed intense pain, physical weakness, and limited range of motion in his back and left shoulder following the accident.

Result

The jury returned a defense verdict, finding S&S not negligent.

Deliberation

three hours

Length

10 days