Clifford v. Lathrop Construction Associates, Inc.; E.D.M. Construction; and S.W. Mertz Masonry Specialists, Inc.
- Resolution Date:
- September 2005
- Practice Areas:
- Construction Injuries, Industrial Accidents
- Synopsis:
- On March 13, 2001, Robert Clifford was injured when an eight-pound piece of concrete block fell
approximately twelve feet off scaffolding at the construction site for the Sonoma County New Sheriff's
Building. The masonry debris landed first on Robert Clifford's head, then on his left shoulder, left arm,
and left knee. Mr. Clifford was wearing a hardhat, but even with the hardhat, the force of the falling
concrete block knocked Mr. Clifford to his knees. Clifford's left arm, left shoulder, left knee, back
and neck were injured as a result of the impact.
At the time of the incident Mr. Clifford was a 28-year-old union iron worker, employed by Metal Deck Specialists Erectors. Defendant Lathrop Construction Associates, Inc. was the general contractor on the project. Defendants E.D.M. Construction and S.W. Mertz Masonry Specialists, Inc. were the masonry sub-contractors responsible for erecting and maintaining the scaffolding for the masonry work.
Mr. Clifford contended that the block fell from the scaffolding and hit him as a result of: (1) the masons' failure to erect safe passageways in its scaffolding; (2) the masons' failure to keep the scaffolding free of debris; and (3) the general contractor's failure to maintain a safe jobsite—all in violation of OSHA regulations and the defendants' own rules and policies.
Defendants contended both that the defects in the passageway were open and obvious, and that Mr. Clifford was not authorized to use the passageway to access his employer's job and tool box inside the building. Defendants also contended that Mr. Clifford's employer's welding lead had caused the concrete block to fall from the scaffold onto Mr. Clifford's head and down the left side of his body. The matter settled before trial. - Attorneys:
-
Kevin Lancaster
Mary Anne Bendotoff - Resolution:
- $1.4 Million