Our client, a painter, was on a scaffold located in a loading area for trucks. The scaffold, which was high above the ground, extended out into a driveway. As our client was painting the outside wall, the top of the defendant’s truck struck the scaffold, throwing our client to the ground. Our client sustained serious injuries to his knee which required surgery.
The defendant had failed to protect our client and the other painters on the scaffold by redirecting or supervising traffic in and out of the loading dock area. The defendants claimed it was the plaintiff’s fault in allowing the scaffold to stick out into the driveway area. In addition, the defendant had expert testimony alleging that the plaintiff should have been wearing a safety belt which would have prevented him from falling to the ground.
After extensive mediation the case was settled for $725,000. In addition, the plaintiff received a settlement with the Workers’ Compensation carrier for $100,000, bringing the total settlement to $825,000.