The parents of a 7-year-old girl agreed to accept $1,800,000 as a settlement for the injuries she suffered at a construction site. The girl was injured when she fell through a hole in a wall and landed on a cement floor 15 feet below. The defendants were the contractor in charge of safety and the sub-contractor who had improperly marked and covered the hole. The girl had been playing hide and seek when she leaned against a plastic sheet that was covering the hole.
The girl suffered a traumatic brain injury that affects her memory and her ability to control her emotions. She is at grade level in school but will need special accommodations to keep up with her peers. The settlement was structured so that she will be able to access the necessary resources to complete her education.
The case was filed by a different law firm that then retained Eisenberg, Cutt, Kendell & Olson to deal with brain injury issues and also to fight some complex legal issues resulting from control over the construction site.
The firm was able to show that despite relatively normal test results that the girl had underlying long term problems. In addition, the firm was able to show how both parties had responsibility for the site, even when there was no active ongoing construction.
“We are thankful that our prior relationship with the other firm gave them the confidence to ask for our involvement in this complex piece of litigation. It is always rewarding to be able to help a young child”; said attorney Bob Gilchrist, the attorney at Eisenberg, Cutt, Kendell & Olson with primary responsibility for the case. Jeff Eisenberg and Dave Cutt also worked on the case.