Workman fell through roof opening, sustained brain injury
Type of case: Premises liability
Court: Baltimore City Circuit Court
Mediator: Thomas S. Shadrick
Attorneys: Walter H. Emroch and Thomas J. McNally, Richmond; Patrick Malone and Daniel Scialpi, Washington
Summary: The plaintiff was employed by a Virginia corporation that that been hired to power-wash and paint a building in Maryland. As the plaintiff was walking on the flat roof of the building, he fell through an unsupported opening that was covered by a fiberglass panel. The panel had been painted the same color as the roof. The plaintiff fell about 14 feet and landed on his head on a concrete floor. He sustained a traumatic brain injury and multiple fractures.
Plaintiff’s treating physicians opined that the plaintiff will experience permanent spinal and facial pain related to his orthopedic injuries, and is unable to return to competitive employment. The defense argued that the plaintiff was contributorily negligent and disputed the seriousness and permanence of plaintiff’s brain injury.
A major factor that contributed to the settlement of this case was that Maryland has a $750,000 cap on non-economic damages.