This case involved a fall by a plaintiff at a construction site. Plaintiff was an over-60-year-old laborer working on the construction of a new office building. One of the other subcontractors and the general contractor failed to maintain the construction site in a safe condition and plaintiff fell, suffering injuries to his spine and fractures.
The defense claimed that the plaintiff should have been aware of the dangerous condition of the property, and thus the responsibility for the accident fell on the plaintiff.
By turning around several hostile witnesses at deposition, the law offices of Winer, McKenna, Burritt & Tillis LLP, was able to establish facts that tended to indicate that the subcontractor and general contractor realized that the condition was dangerous and because plaintiff was distracted by the very work he was hired to do, it was reasonable that he did not look down and see the tripping hazard.
RESULT: Confidential settlement on behalf of plaintiff