Attorneys Curt Schiner and Fatos Dervishi settled a case for $3.5 million involving a 36-year-old construction worker who fell one story. The Q decking he was assisted in installing shifted, creating an opening on the second level and causing him to fall through. As a result of the accident, the plaintiff underwent a cervical and lumbar fusion and a procedure on his foot. Defendants argued that the plaintiff was the sole proximate cause of the accident because immediately before the accident, he removed his harness and lanyard and fell through the piece of decking he had placed. They also argued that what he was doing when he fell went outside the scope of his work duties concerning the installation of the Q decking. Curt rebutted these contentions by establishing that the welder for the company forgot to weld the piece that the plaintiff fell through before the accident. He also developed testimony from the defendants that the safety personnel and the general contractor were aware of the work that the plaintiff was doing. Finally, the building owner was issued a Department of Buildings violation for failure to maintain a safe work site.
