On June 29, 2022, SMB attorneys Larry Bendesky, Adam J. Pantano and Scott A. Fellmeth secured a $1,500,000 settlement on behalf of a construction worker who was injured when he fell through a hole that lacked OSHA compliant guarding on a construction site.
On the afternoon of the accident, the construction worker was on his lunch break when he went to the second floor of the construction project. After collecting his food, the worker passed through a framed wall comprised of vertical wooden studs spaced on more than 24” centers. Unbeknownst to the worker, unsecured plywood had been placed over two-by-fours covering a hole.
As he stepped onto the unmarked and unsecured plywood, the plywood and two-by-fours shifted, causing him to fall through the hidden hole in the floor suffering permanent injuries, including a fractured arm and wrist.
The defendants denied liability, Plaintiff’s version of the facts, and claimed that the worker was at fault for the accident.
The case was successfully resolved at mediation.