News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM DEFEATS CONSTRUCTION DEFECT CLAIM!

Firm Partner Christopher Ruiz recently obtained a defense verdict on behalf of a subcontractor client who was sued after a general contractor's employee fell through a shoring system while working at a job site. As a result of the fall, the employee suffered a broken femur (among other injuries) and incurred more than $125,000 in past and future medical bills. The employee also presented a significant claim for past and future lost earnings, with general damages for pain and suffering. The plaintiff’s total demand at the time of trial was $380,000.

In this case, the plaintiff/employee alleged that the Firm's subcontractor client negligently assembled the shoring system - which then collapsed during normal and customary use. Furthermore, the plaintiff claimed that the subcontractor failed to provide sufficient warnings to employees working at the job site.

On behalf of the Firm's client, attorney Ruiz argued that the shoring system was only in the process of being assembled when the plaintiff/employee walked on it prematurely. Furthermore, the client had verbally notified the general contractor that the system was not ready for use. Mr. Ruiz noted that the subcontractor client had also posted warning signs on the panels themselves which notified workers (such as plaintiff) of the unsafe, dangerous condition at the site. Finally, Mr. Ruiz argued that the general contractor is responsible for its own employees’ safety and, in that regard, had failed to supply the plaintiff with appropriate safety equipment - including a harness.

Prior to trial, the plaintiff/employee served a statutory C.C.P. 998 Offer to Compromise in the amount of $350,000 on the defense. The Firm offered $25,000 on behalf of its subcontractor client.

In the end, the Jury agreed with attorney Ruiz and awarded a 10-2 verdict in favor of the defense. Pursuant to the defense’s pre-trial Offer, plaintiff will now be responsible for substantial expert fees and costs.

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Related Practice Area(s):
Real Estate and Construction Law