The plaintiff was a union sheet metal worker who slipped and fell while operating a pallet jack on which was a large piece of HVAC equipment. He was walking backwards when he slipped and fell on debris which had been left by the sub-contractor and tore his rotator cuff.
The injured worker, who had 2 prior injuries to the shoulder, came under the care of an orthopedic surgeon who performed 2 surgeries to address the effects of this injury. His medical bills were in excess of $ 54,000.
At the time of the incident, the plaintiff earned approximately $ 1,400 per week. He was paid worker’s compensation benefits for nearly 4 years, after which he settled his case for the present value of the remaining partial disability benefits for which he was eligible.
Suit was commenced against the general partnership which oversaw the site as well as the individual general partners and a sub-contractor. The case was settled for $ 750,000 following 2 days of mediation less than a week before a jury trial was set to begin.
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