WRSMH attorney William Hepner settled a construction accident case for $4.5 million at a mediation. The case was unusual in that our client was crushed and killed by the tire of a large excavator. Although coworkers were close by and in the process of supposedly watching the equipment, no one at the worksite actually saw the accident occur. Defendants blamed our client for being too close to the excavator when he knew from a pre-task meeting what work was being done and that he was not specifically involved with it. Moreover, Defendants argued that our client was supposedly on his phone at the time of the accident, which was found near his body. Defendants also claimed that there was minimal to no conscious pain and suffering, as our client was non-responsive at the scene. Attorney Bill obtained specialists and applied his knowledge of the Labor Law to overcome the defendants’ arguments. He also used common sense and circumstantial evidence to show the defendants that they were likely to incur a large judgment against them at trial. Additionally, what made this case more difficult was the fact that it was located in an upstate county.