Daniel E. O'Brien of Burke & O'Brien recently tried a case with Antonio Romanucci of Romanucci & Blandin on behalf of a carpenter who fell from an inadequate ladder on a job site and was impaled in the head with a 100-pound steel beam. After 10 days of trial, the jury returned a verdict in favor of the plaintiff and his wife in the amount of $2,110,000 with a finding of 30% comparative negligence against the plaintiff. This resulted in a net verdict for plaintiffs of $1,477,000.
The defendant general contractor knew that one of its subcontractors was using improper ladders for the work on the commercial construction site, but failed to have the ladders removed until after plaintiff's injury. The ladders were not industrial strength ladders and were also too short for the work.
The plaintiff suffered a traumatic brain injury that resulted in permanent conditions of tinnitus, hyperacusis and migraines that severely reduced his sound tolerance to such an extent that it significantly limited his ability to function in all aspects of his life. He was permanently restricted from returning to work as a carpenter.
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