Construction Worker Trips on a Contractor's Discarded Wire and Crushes Pinky Finger
WRSH Partner Kenneth J. Halperin recently obtained a $825,000 settlement for a 40-year-old laborer who tripped and fell on a piece of cable. Our client was at the site installing a pre-fabricated counter top. While he was exiting the site, he tripped and fell over a wire that was discarded by a sub-contractor. During the ensuing fall he crushed his pinky finger. Defendants argued that plaintiff should have been looking where he was walking before he fell, and further, that the wire was where it was supposed to be. We countered that by arguing there are regulations which provide all areas where workers have to walk to and from the worksite must be kept clear of debris and other objects that can cause a tripping hazard.
As a result of the injury to his pinky finger the plaintiff was required to undergo two surgical procedures. He underwent a third procedure two years later but there was a dispute over whether the new surgery was due to the initial injury or the client re-injuring the finger when he returned to work.
Although the plaintiff had to pursue a different career, he did not suffer any future lost earnings as a result of the accident, since he was earning the same amount of money when he returned to work as he did before. Further, plaintiff’s medical treatment had stopped approximately eighteen months before the settlement.