IronWorker Steps Into Uncovered Excavation Site ($1.1 Million)
A Local 1 Union IronWorker recovered over $1.1 million after suffering from a herniated disk in his back that resulted from a work-related accident on a construction project.
The union IronWorker, along with fellow coworkers, stepped near an excavation site in order to escape a sudden storm that had hit the area. While stepping near the site, the IronWorker stepped into the uncovered, three foot deep excavation site.
The attorneys for the defendants argued that the danger was open and obvious and the IronWorker should have been more aware of his surroundings.
Attorneys Clifford Horwitz, Jay Luchsinger, and Michael Carter, all from the lead trial team at Horwitz, Horwitz & Associates, prosecuted the case. They alleged that they excavation should have been barricaded and that the general contractor, James McHugh Construction Company, should have known of the upcoming storm which packed 80 mph winds. Storm warnings were issued and McHugh had a responsibility to stop the job due to inclement weather.