Around The Firm

(Continued - Page 2)

Jeffrey P. Downer and Keith J. Kuhn negotiated a favorable settlement in Saulque v. Belfor USA, a personal-injury action arising from a construction-site accident. Plaintiff was a laborer for a scaffolding subcontractor. He fell 21 feet from a scaffolding platform that he was dismantling, broke several bones, and suffered permanent disabilities. He received more than $83,000 in worker’s-compensation benefits. Plaintiff sued the general contractor and several subcontractors for failing to provide a safe place to work. All of the subcontractors successfully moved for dismissal because they had no involvement in or liability for the accident. After deposing plaintiff and establishing that plaintiff himself had caused the accident through inattention and had violated both the subcontractor's and the general contractor’s safety standards, Jeff and Keith moved for summary judgment in favor of the general contractor. The motion was pending when the parties held a court-ordered mediation. Despite plaintiff’s opening settlement demand of $425,000, Jeff and Keith settled the claim for just $30,000, which was barely a third of the worker’s-compensation lien.