A carpenter was working construction at a job site in Salem, NH when an 18 ft. partially built wall fell paralyzing and crushing the carpenter due to a third parties negligence. At the time the carpenter was injured, he was 40 years of age and married with 4 dependents.
The specific parties involved were a lull operator, laborers, and riggers, all of whom each were employed by different parties.
Counsel for the plaintiff, Attorney Joe Markey, alleged that the defendant was negligent in failing to ensure safe working conditions, negligent in failing to adequately and safely supervise its workers, and negligent in failing to safely operate and maintain the equipment being used at the job site.
More specifically, Attorney Markey cited multiple violations regarding Occupational Safety and Health Administration (“OSHA”) regulations. The regulations discussed standards for controlling the work area, standards for maintaining employees including, but not limited too: lack of employee training and lack of employee supervision, among others.
Both defendants disputed liability, specifically contesting both the personal injury and casual relationship portions of the plaintiff’s claim. More precisely, contesting that the injuries the plaintiff sustained were caused by a third party who was not acting on either companies behalf, that the injuries were the result of an intervening cause that broke the casual chain, and that an indemnification provision relieved them of liability as a matter of law.
Attorney Joe Markey of Bellotti Law Group and Attorney Jared O’Connor of Shaheen and Gordon were able to secure a $575,000.00 workers compensation settlement for the injured worker. The highest New Hampshire Workers Compensation settlement in 2021. At this time a third party lawsuit is still in litigation concerning further parties negligence.