A 72-year-old retired state store employee walked into a local beer market to buy some lottery tickets. He had polio in one leg that he developed as a child. As he turned to leave, a throw rug slipped under his foot, causing him to crash to the floor. The rug was not safely secured, in violation of the Americans with Disabilities Act. The man suffered torn rotator cuffs of both shoulders requiring two surgeries. The case settled satisfactorily just before opening statements to the jury. … [Read more...]
Retiree with polio suffers torn rotator cuffs from fall when store fails to secure rug
September 2, 2016 by
College senior slips and falls in icy apartment parking lot, badly fracturing her leg.
September 2, 2016 by
A 21-year-old college senior slipped and fell on a patch of ice in the parking lot of her apartment. This particular patch of ice had been there for some time and had formed hills and ridges. The weather report also confirmed that it hadn't snowed for several days. The college senior badly fractured her leg, requiring orthopedic surgery with screws and a rod implanted. A lawsuit was filed against the apartment complex in a conservative jurisdiction. After the pre-trial exchange of information, the case settled for a favorable sum. … [Read more...]
Church roof under construction not sufficiently braced, collapses on brick mason
September 2, 2016 by
A 47-year-old brick mason’s helper was working inside a church under construction. Several 60 foot wooden roof trusses collapsed and fell on him, fracturing two bones in his back. Investigation revealed that this was no act of God, however. The roof framing contractor, in a rush to complete the job, did not follow the manufacturer’s specifications in bracing the trusses. The job superintendent, instead of shutting the job down, took photographs to document the poor workmanship. The mason’s helper can no longer do heavy labor and has no skills or aptitude for other jobs. This case settled shortly before trial after a court-ordered mediation … [Read more...]
Delivery man injures his back when an unbraced wooden deck collapsed from the weight of a refrigerator
September 2, 2016 by
… A 44-year-old appliance delivery man injured his back when a wooden deck collapsed from the weight of a refrigerator. A contractor had attached the deck to the house with small metal screws rather than large lag bolts. A couple that had recently bought the house had ignored a warning about this dangerous condition in a home inspection report. The case settled after depositions were taken. … [Read more...]
Salesman checking into hotel, slips on ice on outside tile more suitable for indoor use
September 2, 2016 by
… A 50-year-old salesman slipped and fell on ice under the canopy outside the main entrance of a national hotel chain. After he fell, the motel put up caution tape because others had already fallen and the area was treacherous. The area under the canopy had recently been replaced with a ceramic-type tile, a material more suited for indoor than outdoor surfaces. After the motel was sued, the motel, in turn, sued the contractor that installed the tile. The salesman, who severely injured his neck, was never able to return to his sales position and had to take lower paying jobs. The case settled shortly before trial at a settlement … [Read more...]
Sectional ceiling collapses and fractures helper’s ankle when when store remodeling improperly scheduled
September 2, 2016 by
A 37-year-old bartender was helping his friend lay pipe for the renovation of a store in a strip mall. Because the work schedules were not properly coordinated, other workers were removing a plaster ceiling as the two men worked below. A large section of the ceiling collapsed, fracturing the man’s ankle. The general contractor claimed that the man was his friend’s “employee”. An employee cannot sue for injuries because of Pennsylvania’s workers’ compensation laws. After extensive investigation and several depositions, the case settled. … [Read more...]
Backhoe bucket edges fall when band snaps, severely injuring truck drivers foot
September 2, 2016 by
… A 23-year-old tractor trailer driver delivered cutting edges for backhoe buckets. They weighed about 100 pounds each and there were 7 edges banded together. As an employee of another company was unloading the edges with a fork lift, the band snapped. The cutting edges fell on the driver’s foot, severely injuring his big toe. After a lawsuit was filed against the company that employed the fork lift operator, the case settled. Part of the settlement was used to repay the driver’s worker’s compensation insurer for his past benefits for this claim. … [Read more...]
Construction worker’s arm caught in cement mixer, employer had illegally cancelled his workers compensation insurance
September 2, 2016 by
…A 50-year old construction worker got his arm caught in a cement mixer while delivering cement for his employer. It crushed both bones in his forearm which were repaired with a plate and screws. A workers’ compensation award was entered for his medical bills and lost wages. However, the employer illegally failed to have workers’ compensation insurance. After several requests, the Department of Labor & Industry finally agreed to prosecute the uninsured employer. The criminal court ordered the owners of the company to make monthly restitution payments. … [Read more...]
Operations manager accidentally hit in head while helping customer load his car, has a concussion and can’t work
September 2, 2016 by
… A 46-year old operations manager at a office products store was helping a customer load a large filing cabinet in his car. The customer suddenly swung his arm back, striking the manager squarely in the forehead with his elbow. She sustained a concussion and eventually had to quit work. She began receiving worker’s compensation wage and medical benefits. The store’s worker’s compensation insurance company filed a petition to suspend the manager’s wage benefits based on a medical exam by its favorite neurologist. After a hearing was held before the worker’s compensation judge and the neurologist’s deposition was taken, the manager’s claim … [Read more...]
Licensed practical nurse slips and falls when housekeeper forgets to post wet floor sign
September 2, 2016 by
… A 39-year-old licensed practical nurse slipped and fell on a freshly mopped floor at work. The housekeeper apologized, admitting that she had forgotten to put up a wet floor sign. After the nurse’s employer’s worker’s compensation insurer attempted to stop her disability settlements, a successful settlement was negotiated. Since the housekeeper worked for a separate company, the housekeeping company was sued. That case also settled after preliminary litigation filings. … [Read more...]
