Salt Lake City, Utah – A $1.8 million settlement was reached for a 24-year-old construction worker, whose name is withheld for reasons of confidentiality, who suffered a traumatic injury when he fell 12 feet at a construction site. The defendants, the general contractor and subcontractor on the job, had negligently stacked and not tied down heavy materials on the top platform of the building site. The injured man attempted, during high winds, to tie down these materials so they would not injure anyone on the ground. The wind instead picked up the load, knocking the man off of the platform to the floor below.
The defendants in the case argued that the injured man was negligent because he had not used any fall protection at the time of the accident. They also argued that the high winds were a force of nature, which they could not control. After a long discovery battle and extensive investigation, Eisenberg, Cutt, Kendell & Olson's attorneys were able to convince the defendants that due to the extensive nature of this young man’s injuries, the case must be compromised and settled.
As a result of the accident, the injured man will not be employable for the rest of his life. The settlement funds were therefore paid in the form of an annuity that will provide a level of income and funding for the rest of the man’s work life that equals or exceeds what he was earning at the time of the accident.
“We are thankful that we could reach a compromise that will allow our client to not only address his future medical needs, but will give him financial security over the rest of his life,” said attorney Jeff Eisenberg. Eisenberg, Cutt, Kendell & Olson attorney Dave Cutt also worked extensively on the case.