A settlement in excess of $2.4 million was reached on behalf of a 46-year-old construction worker who was injured when a scissors-lift tipped over and struck him on the back, shoulder, and head. The defendant in the case was a different construction company, whose employee had been told not to operate and move the scissors-lift in an elevated position. Despite this warning, and despite testimony that these warnings had been ignored in the past, the individual moved the 4,000 lb. scissors-lift, causing it to slip into a trench, tip over, and strike the innocent victim. As a result of the accident, the victim’s arm was almost torn from his body. In addition, after three days in the hospital, a severed artery in his neck caused blood clots to move into his brain, causing a stroke and resulting brain damage. As a result of the brain damage, the man was initially unable to eat, talk, or meet his personal needs. After substantial rehabilitation, he is again living independently, but will not be employed for the rest of his life.
Eisenberg Gilchrist & Cutt attorneys were able to reach a settlement in excess of $2.4 million and then worked with the injured client, an annuity expert, and an investment counselor, to not only provide an income level with increasing payments to exceed inflation, but also to establish a trust that allowed the injured client to move back home to his family farm in North Dakota, where, as a single parent, he can raise his daughter with the help of other family members. “It was satisfying for me to reach a financial settlement for this client, but more important that we were able to counsel him after the settlement on how to invest his money so he could not only purchase the family farm and move home, but could also focus his attention on raising his daughter,” noted Robert Gilchrist, who acted as lead counsel for Eisenberg Gilchrist & Cutt. Jeffrey Eisenberg also worked on this case. In addition, Eisenberg Gilchrist & Cutt was able to negotiate with the workers compensation insurer so they waived their lien, and in addition required that they pay an additional sum toward the settlement of the case.