The plaintiff, a 50 year old general contractor, was employed on a construction site. He was asked to clear snow off the scaffolding. As he was clearing, he fell through one of the boards and caught himself on his right arm. As a result, he was diagnosed with an inoperable brachial plexus injury and sustained significant loss of use of his arm. He treated wtih physical and occupational therapy for his right shoulder. Unfortunately, the plaintiff remained unable to return to his previous occupation.
The plaintiff alleged that the defendant, the scaffolding subcontractor, was negligent for using rotten scaffolding planks and failing to use reasonable care to assure that the planks were safe.
The defendant countered that there were no outwardly visible signs that the board was rotting and no evidence that the defendant knew or should have known that the board would break.
The defendant additionally argued that the plaintiff's pre-accident earnings should be offest if the plaintiff obtained light-duty or sedentary work.
The case went to mediation, and after a full day it settled for $775,000.00.
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