Worksite Injuries

In Electrician v. Utility Company (Ala. Co. Sup. Ct.) Michael A. Kelly, Matthew D. Davis and Jeffrey A. Clause recovered $2,500,000 on behalf of a 36-year-old man who suffered a traumatic brain injury at a worksite. The plaintiff was an employee of a contractor hired by the defendant property owner, fell from a work space greater than seven feet above the ground. No one witnessed the accident, and plaintiff had no recollection of his fall. He was hospitalized for several months and will never return to work. Matt and Jeff argued that the design of the facility did not accommodate the use of any fall protection equipment, work positioning equipment, or travel restricting equipment, and that the defendant prohibited the plaintiff from using any fall protection equipment. Had he been allowed to use such equipment, he would not have sustained any serious injuries. In addition to the monies recovered in this third party case, Matt and Jeff collaborated with plaintiff’s workers’ compensation attorney to ensure that funds from both cases were deposited into a special needs trust to provide for the plaintiff for the remainder of his life.