Construction worker falls 20-plus feet, dies on impact

Listen to this article

A construction worker fell more than 20 feet to his death while he was doing carpentry work on a leading edge without fall protection. He was survived by his wife.

The plaintiff, who was the decedent’s estate representative, alleged that the general contractor and other subcontractors on the site failed to meet their safety obligations and created an unsafe condition that caused the construction worker’s death.

The plaintiff claimed that a subcontractor, who was not the decedent’s employer, performed work that made the area where the decedent worked unsafe.

The plaintiff also alleged that the general contractor failed to pre-plan the work, failed to perform adequate inspections, failed to enforce the jobsite fall protection rules, and failed to comply with OSHA requirements.

The defendants argued that the decedent should have been tied off before he began to work in the area, and that he had fall protection with him but intentionally chose not to use it.

They also alleged that he could have performed the work in a different location to avoid being on the leading edge.

The defendants argued that they did not create any unsafe conditions and that if anyone other than the decedent was negligent, it was his employer who allowed him to work without using his readily available fall protection.

With regard to damages, the defendants argued that there was no evidence of conscious pain and suffering because the decedent died on impact.

Discovery included written discovery and numerous depositions. The plaintiff had multiple experts prepared to provide expert opinions regarding the liability of each defendant.

The defendants also had multiple experts prepared to testify.

The case was mediated just before trial, with a final offer to resolve all claims made in the amount of $11 million.

Action: Negligence and tort
Injuries alleged: Wrongful death
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (mediated)
Amount: $11 million
Date: November 2025
Attorneys: Patrick T. Jones and Timothy C. Kelleher III, of Jones Kelleher, Boston (for the plaintiff)