Construction Site – Electrical Shock
In this construction site accident case, a defense verdict was obtained after a three-week jury trial in Suffolk Superior Court.
We represented the general contractor at a construction site where the plaintiff came into contact with a defective electrical outlet, suffering an electrical shock. The plaintiff alleged that the general contractor failed to protect against an exposed electrical hazard, violating OSHA regulations and its own safety policies and procedures. As a result of his contact with the electrical outlet, the plaintiff sustained violent muscle contractions which resulted in permanently disabling back injuries, including cervical fusion surgery at multiple levels with associated bone grafting and exascerbation of an underlying lumbar condition.
The plaintiff’s special damages, including medical bills and lost wages, exceeded $1.4 million, with an interest factor at the time of trial exceeding 50 percent.
The defense strategy focused on the conduct of the job site superintendent. We argued that the job site superintendent did not have notice of the electrical hazard, despite the testimony of the plaintiff and two witnesses. We emphasized the inconsistencies between the testimony of the plaintiff and the witnesses, as well as inconsistencies contained in the medical records. After two days of deliberation, the jury returned a defense verdict.