$1.85M Verdict for Massachusetts Construction Worker Injured at Natick Mall
An injured Massachusetts construction worker was recently awarded $1.85M in the case of Wiggins v. Dimeo Construction, heard in Middlesex Superior Court in front of Judge Bruce Henry. The 45-year-old plaintiff construction worker was working at the Natick Mall, in Natick, Massachusetts, when he fell through an unguarded second-floor opening in an exterior wall of the building. The opening in the wall was part of an unfinished construction project being undertaken by the defendant construction company. The plaintiff sustained multiple injuries in the construction accident, including severe fractures of both feet and ankles, which were unable to be surgically repaired.
In the case, the injured construction worker alleged that the defendant construction company failed to properly secure the opening, creating a known hazard for workers and the public. The defendant conceded that the opening should not have been left unsecured, but argued that the plaintiff was nonetheless trespassing when he fell and was injured. The jury in the case, however, was unconvinced.
The worker's injuries precluded him from working for a full year. He did not make any claims for lost wages, but a claim for lost past and future earning capacity was entered. In all, the jury determined that the defendant construction company's negligence was the ultimate cause of the accident. However, the jury did find that there was some contributory negligence on the part of the plaintiff, attributing 26-percent fault to him. In all, he was awarded $1.85M for his injuries and lost earning capacities.
Unfortunately, construction accidents are not an uncommon occurrence in Massachusetts, as they have been the cause of many injuries and fatalities. Often times, a construction company's negligence can be directly attributed to the accident. Workers' compensation can cover some of the lost earnings and medical bills attributable to the injury, but a worker with permanent losses and disabilities from a work injury may not be sufficiently covered. As such, it is imperative that competent legal counsel is sought as soon as possible to begin investigating the particulars of the case.
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