A 52 year old millwright (craftsman engaged in the construction of machinery) injured his knee in a construction project accident.
The Plaintiff fell from a newly installed piece of machinery, resulting in a serious knee injury that required two surgeries, including a knee replacement, and extensive physical therapy.
The Plaintiff claimed that his fall was as a result of a piece of machinery that was designed defectively and not properly warned about by the manufacturer. The Plaintiff further claimed that the owner and general contractor were negligent in failing to supervise and inspect the work onsite and failed to conduct a job hazard analysis. The Plaintiff contended that if they had, they would have identified the hazard and required the task to be performed differently, thereby preventing Plaintiff's accident.
The Defendants instead argued that the Plaintiff was comparably negligent in stepping onto the machinery without using a ladder and without being equipped with fall protection. Further, they stated that the Plaintiff had extensive pre-existing conditions in his right knee and needed a knee replacement prior to the incident.
The parties went to mediation and settled the claim for $720,000.00, with a reduction of the workers' compensation lien from $655,000.00 to $240,000.00.
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