Construction worker falls through roof opening, settles for $5.2M.

Byline: North Carolina Lawyers Weekly Staff

Action: Premises liability/negligence

Amount: $5.206 million structured settlement providing compensation in addition to ongoing workers' compensation benefits; workers' compensation lien of $1.042 million fully satisfied for liquidated payment of $110,000

Injuries alleged: Fall trauma including T-10 spinal cord injury resulting in paraplegia and neurogenic bladder and bowel dysfunction, in addition to a mild traumatic brain injury

Case name: Withheld

Court/case no.: Buncombe County Superior Court/No. withheld

Jury and/or judge: N/A (mediated by Bill Brazil, Esq., of Asheville)

Date of settlement: Feb. 23, 2023

Attorneys for plaintiff: Jay Kerr of Jay Kerr Law, Asheville; Ervin Ball of Ball, Barden & Cury, Asheville

Attorney(s) for defense: Withheld

Were liability and damages contested: Liability was contested with allegations of contributory negligence

A 34-year-old male plaintiff sustained catastrophic injuries on Dec. 22, 2018, at a hotel construction site when he fell through the roof opening of a four-story HVAC riser shaft, through which ventilation ductwork would later be installed. The plaintiff sustained severe injuries, specifically including T-10 paraplegia due to permanent spinal cord injury, resulting in neurogenic bladder and bowel dysfunction, in addition to a mild traumatic brain injury.

The plaintiff was a laborer working for an independent contractor that was assisting the hotel framing crew. Members of the framing crew testified that, after creating the roof opening over the riser shaft, they secured a half-sheet of OSB (oriented strand board, which is similar to plywood) with nails over the opening to act as a cover. However, the crew did not apply any markings of any kind, including words, symbols or colors to the OSB cover. There was competent evidence to support a finding that the OSB sheet subsequently had been pried up by an unknown person, but then placed back unsecured over the opening.

The plaintiff had been instructed by the framing crew supervisor to remove all wood scrap debris from the roof top to prepare the area for the roofing subcontractors. After collecting a considerable amount of wood debris on the roof, including...