On November 3, 2004, Plaintiff, now 31 y.o., was an apprentice elevator mechanic working in a newly constructed two-story elevator shaft, at the top of which an opening had been left uncovered. Birds had flown into the construction area through the opening and left significant amounts of bird droppings on the scaffolding. While working in the shaft on 35 foot scaffolding covered in bird droppings, and without fall protection, a bird flew through the opening causing the plaintiff to lose his balance, slip on the bird droppings and fall to a cement floor, fracturing his leg and ankle.

ABK (the general contractor) was uninsured and unrepresented. The plaintiff claimed that both MGN (owner’s representative) and Temperature Equipment (property owner) knew about the uncovered opening and the hazard that it presented, but did not take sufficient steps to cover the opening. Defendants claimed that the opening did not need to be covered, that there was no hazard to birds in the construction site that the plaintiff was comparatively negligent for failing to wear fall protection and further claimed that the plaintiff or a co-worker could have covered the opening.

Plaintiff will not return to work as an elevator mechanic.

Through the efforts of Phillips Law Offices attorneys Jill M. Webb and Stephen D. Phillips, Plaintiff obtained a favorable settlement of $2,700,000 to compensate him for his injuries and his lost future earnings.