Morrison Mahoney Partner John Knight and Associate Christopher Groves recently secured a defense verdict following a six-day jury trial in Suffolk Superior Court. Plaintiff was employed by a steel erection subcontractor and was injured when a metal spark from a demolition saw got under his safety glasses and burned his eye, leading to a corneal abrasion that has caused permanent impairment.
As a result of his injuries, the plaintiff has not been able to work for several years and will never be able to return to his profession as an ironworker. He alleged that the defendant, as the general contractor, was negligent in failing to ensure that ironworkers had necessary PPE, including a face shield which would have prevented his injury. The defense argued that there were face shields at the jobsite and that the plaintiff’s employer, not the defendant, was responsible for providing the face shields. Through numerous inconsistencies in the plaintiff’s testimony, John and Chris undermined the plaintiff’s credibility as to the actual circumstances surrounding his accident and his claim that PPE was not available.
Prior to trial, the carrier extended a significant six-figure offer, and the carrier tried to get the plaintiff to agree to a six-figure high/low agreement, but the plaintiff “wanted a verdict.” During closing, the plaintiff’s attorney suggested an award in the range of $1 million to $2 million was warranted. The jury returned a defense verdict following forty-five minutes of deliberation.
