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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Fall through hole in floor causes death.

In 2008, a 58 year old husband of our client was killed when he fell through a hole in the floor of a second story construction site, covered with plywood and allegedly secured.  When the client, inspecting the area for installation of air conditioning, stepped on the cover, he fell to his death.

Employees are generally not allowed to sue their employer, the land owner or the general contractor for ordinary negligence on the job caused by an employee of a subcontractor, as a system of workers compensation was designed and implemented to compensate the family for such a loss.  Our clients. the family of the deceased, received the full worker's compensation benefits for the wrongful death.  The issue was whether we could proceed against the owner and general contractor.

Attorneys examining the case before us, advised that they did not think recovery was possible.  By conducting additional investigation and retaining experts on the case, we were able to demonstrate that the general contractor and owner had some control over the hole covering.  First, we uncovered by review of all the contracts, that the owner had mainteained control over the permitting process.   It had not obtained a permit for this second story opening.  Additionally, while earlier denied, the supervising contractor's only employee, along with the subcontractor employer, had actually assisted in covering the hole.   Unfortunately, even though we had established liability, the workers compensation carrier, by law, is entitled to first right of recovery and reimbursement for the payments they made.  However, while the worker's compensation carrier joined in our lawsuit, they were not actively pursuing  investigation.

At mediation in Mid Novermber 2009, our office was successful in negotiating this complex case to conclusion.  Michale Bock of our office convinced the landowner and general contractor that they had exposure in the case given the evidence we uncovered.  He argued that they should tender the entire insurance available to the general contractor for the job, and after significant mediation, the defendants agreed.  The contractor had no assets and only one owner and one employee.  There was not much more to be gained by further pursuing it.  Therefore, Michael Bock turned to the owner and asked for and received an additional contribution.  Finally, Mr. Bock successfully convinced the worker's compensation carrier to waive a significant reimbursement rights, arguing that the family needed to be made whole, the employer of the deceased was partially responsible for the incident and that the client would not agree to settle unless they recieved a reasonable settlement.

The settlement of $1,099,000 was agreed to in addition to the previous payment of the full worker's compensation entitlement for the wrongful death.  Congratulations to Michael Bock and the entire staff of Allen, Flatt, Ballidis & Leslie.

Awarded: $1,099,000