Doe v. Roe Scaffold Company – $10M

Personal Injury & Wrongful Death

Case Summary:

A personal injury case, our client suffered severe orthopedic injuries while working on an improperly installed and uninspected scaffold that collapsed. At mediation the case was settled for $5 million with a portion of the proceeds placed in structured annuities resulting in lifetime payments to our client exceeding $10 million. This case was handled by partner Vincent J. Bartolotta, Jr. and partner Brett J. Schreiber.

Plaintiffs’ & Cross-Complainants’ Medical Expert Witnesses:
Bruce Beardsley, ARM-P, CSP – Safety & Risk Management
Steve Phetteplace – Scaffolding
James Gripp, Legal Arts – Animation
Liz Holakiewicz – Life Care Planner
Enrique Vega – Vocational Rehabilitation & Future Economic Losses
Jerome Stenjhem, M.D. – Physiatry and Future Care Needs

Defendants’ Expert Witnesses: Confidential

Defendant Insurance:Confidential

Date, Time and Place of Incident(s): September 2012

Facts and Background:
In September 2012, Plaintiff John Doe was working on a scaffolding system constructed and maintained by Defendant Roe Scaffolding Company. Due to the failures of Defendant to properly inspect and maintain the scaffolding system, including the failure to properly overlap the planking within industry standards and manufacturer recommendation, the planks gave way and Plaintiff fell nearly thirty feet suffering severe orthopedic injuries.

Plaintiff’s Contentions, Allegations:
Defendant Roe Scaffolding Company was negligent in the construction and maintenance of its scaffolding system.

Injuries and/or Damages:
Plaintiff’s care and treatment was paid for through the workers compensation system which asserted a lien for the multiple surgeries and months of treatment it provided Plaintiff of nearly $300,000. Plaintiff suffered bilateral ankle and leg breaks, an injury to the lumbar spine and crush injuries to both wrists bilaterraly.
Plaintiff presented future loss of earnings of approximately $1.5 million due to his inability to continue to work in his trade and future care needs in excess of $1.1 million. Plaintiffs wife brought a claim for loss of consortium.

Roe Scaffolding Company denied that it failed to properly maintain the scaffolding system at issue and further contended that any failure of the scaffolding planks was caused by Plaintiff’s use of a pry bar in the area where the planks gave way and that Plaintiff’s own negligence was the cause of his fall.

A mediated settlement was reached for $5 million with a portion of the settlement proceeds placed in structured annuities which will result in total payments to Plaintiff in excess of $10 million over the course of his lifetime.

Attorney for client: Vincent J. Bartolotta Jr. and Brett J. Schreiber

Attorney for defendant: Confidential.

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