In Heirs v. Technology Center (confidential venue) Conor Kelly negotiated a confidential multimillion dollar settlement on behalf of the wife and two adult children of a salesman who suffered fatal injuries when he fell 20 feet through a ceiling at a warehouse. The decedent worked in sales of safety equipment and was contacted by the building owner’s contractor do a survey. In carrying out his work he accessed an elevated work area which did not have guardrails. He lost his balance and fell. Suit was brought against the owner of the building, the subcontractor responsible for building maintenance and the company that brought the decedent to the site. During depositions Conor established that the defendants had violated internal safety practices by failing to prohibit access to the area from which the decedent fell. In addition, he established that the building owner violated OSHA safety rules requiring fall protection for all work performed more than six feet above ground. The defendants argued that the decedent acted contrary to his own safety training and should never have entered an area of the building which was obviously dangerous. The defendants also argued that the plaintiff was precluded from recovering because of the exclusive remedy doctrine. The case settled after two full days of mediation following defeat of summary judgment motions filed by each of the defendants.
