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Premises Liability: The Slip and Fall

6/3/2008
James R. Carroll, Jr., Esquire
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Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
From InsuranceJournal.com:
A jury has awarded more than $4 million to a man who lost a leg in an accident while doing volunteer work at his Northampton County church.
Jay Benfield was installing telephone wires at St. John's United Church of Christ in Nazareth when a stack of drywall fell on him on Dec. 26, 2000. He was trapped overnight until workers found him the next day.
His left leg had to be amputated.
The jury deliberated about six hours last Thursday and Friday before announcing the verdict.
Jurors found that one contractor was 70 percent responsible for the accident, another contractor was 20 percent responsible and that Benfield was 10 percent responsible.
***The following is a statement from one of the plaintiff's attorneys, Mark K. Altemose, Esquire, of COHEN & FEELEY of Bethlehem, Pa.:
"My partner, Kelly Rambo, and I would like to thank all of you who expressed congratulations to us on our verdict. It means a great deal to both of us. We truly believe that justice prevailed in the case. Our client is a good man who was willing, from the very beginning--as I told the jury in my opening statement and again in closing--, to accept some responsibility for the accident. The Defendant Construction Manager was being completely unreasonable in denying any liability. The Specifications for the project incorporated a manufacturers' standard that required that drywall be stacked flat. Our experts testified that the purpose of the standard was to prevent this exact type of accident. Nevertheless, the Defendant maintained that stacking it on edge was still safe and that our client was the sole cause of the accident. Fortunately, the jury agreed with our position. Furthermore, the damages awarded were fair and reasonable by any standard of measurement. The jury and our client really deserve the credit.
Hopefully, the Defendant and other contractors who insist on stacking drywall on edge on construction sites will learn from this case so that no other person will endure the needless suffering that our client and his family have endured since this accident and will endure for the remainder of their lives. If so, then this case will be a victory not only for our client, but for PAAJ and all organizations with a similar mission to protect the public at large from needless harm.
You can find contact information for Cohen & Feeley here.

Labels: amputation construction site accident verdict work injury

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