The Plaintiff, a roofer, was working on a jobsite with other rooftop workers and contractors. On a Saturday, the Plaintiff and several workers stopped their work and left the jobsite due to inclement weather. Their materials, including some plywood, were left on the roof near where they were working.
On the same day, the general contractor instructed the subcontractor to cut two holes in the roof. After doing so, the subcontractor covered one of the holes with a sheet of plywood, leaving it unsecured and unmarked. The subcontractor testified to alerting the general contractor to the situation and the general contractor agreeing to secure the cover.
The next Monday, the Plaintiff came back to the jobsite. He spotted the sheet of plywood near the location he had previously left it. He walked up to it, lifted it by the edge, stepped forward, and fell through the hole in the roof 18 feet to the ground.
Plaintiff shattered much of his pelvis, ribs, and wrist. He suffered significant nerve damage to his pelvic region and lower spine.
Plaintiff brought suit against the general contractor and roofing subcontractor, who further filed a third party claim against the Plaintiff's employer. Defendants argued contributory negligence and a limited earnings history on the part of the Plaintiff.
Plaintiff went to mediation against the third party defendants for $2 million. An additional worker's compensation claim settled for $175,000.00. The worker's compensation insurer agreed to continue paying Plaintiff's medical treatment.
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