Roofer injured in fall from faulty ladder staging – Claims nearby hose made ladder sink into moist soil

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$5 million verdict, $385,000 settlement

The plaintiff was a 22-year-old trade school graduate working as a roofer at a construction site in Kingston when he fell from ladder staging that had been erected by his employer.

While the plaintiff was working atop the staging, one of the ladders supporting it sank into the soil in which it was positioned. This movement caused the staging to shift, and the roofer was thrown 20 feet to the ground below.

The plaintiff sustained fractures to his right (dominant) wrist, pelvis and sacrum. He also incurred a herniated lumbar disc and mild injury to his right shoulder. He was airlifted to Massachusetts General Hospital and then treated at New England Sinai Rehabilitation Hospital in Stoughton.

The man brought suit against the owner/general contractor and the framing subcontractor. The framing subcontractor had hired the plaintiff’s employer to perform the roofing portion of its work. The plaintiff alleged that both defendants had failed to properly monitor the site and breached multiple provisions of the CMR relating to work-site safety. The plaintiff further alleged that an employee of either the general contractor or framing subcontractor had left a running garden hose near the base of the ladder staging, saturating the ground and causing the supporting ladder to sink into the soil.

The defendants contended that, if the staging in question was erected in a dangerous manner, the plaintiff and his employer were at fault. The defendants maintained that they had no opportunity to discover the condition of the staging because it had been set up shortly before the incident occurred.

Finally, the defendants contended that the roofer failed to properly inspect the staging before using it and that the running garden hose was more than 60 feet away from the base of the staging. The framing subcontractor also argued that it owed no duty to the plaintiff because it had not retained any right of control.

The roofer’s claims against the owner/general contractor were settled immediately before opening statements for $385,000. The case was then tried to conclusion against the framing subcontractor. The plaintiff did not offer expert testimony as to future medical expense or impairment to earning capacity.

The jury returned a verdict for the plaintiff in the amount of $5 million.

Type of action: Negligence & tort

Injuries alleged Fracture of right wrist; fractured pelvis (inferior and superior); fractured sacrum; herniation of intervertebral discs at L5-S1; impingement syndrome, right shoulder

Name of case: Baker v. JFM Companies, et al.

Court/case no.: Plymouth Superior Court, No. 05-00571B

Tried before judge or jury: Jury

Name of judge: Frank M. Gaziano

Amount of verdict: $5 million (against defendant #1)

Date: March 2008

Amount of settlement: $385,000 (against defendant #2)

Date: March 2008

Most helpful experts: David Ring, M.D., Mark Finno, M.D.

Attorneys: Paul K. Baker and Andrew M. Abraham, Baker & Abraham, Boston (for the plaintiff)