McDermott v. Ingerman Regis Corp., Pa., Phila. County C.C.P, No. 4871, July Term 2000, Sept. 26, 2002.
McDermott, 42, was a carpenter working on a construction site. A day laborer threw a piece of drywall from the roof, striking McDermott, who was walking on the ground five stories below, in the head. McDermott sustained a concussion. He suffers from permanent post-concussion syndrome with visual floaters. McDermott's medical expenses were $17,500.
McDermott had earned approximately $40,000 annually. He missed two years of work. His lost wages were $85,000.
McDermott and his wife sued the owner of the construction site and its alter ego, the general contractor responsible for hiring and supervising the day laborer. Suit alleged that defendants had failed to provide a safe work site. Specifically, plaintiffs alleged that defendants failed to maintain trash chutes on the premises as required by U.S. Occupational Safety and Health Administration regulations and industry standards, that defendant had employed day laborers in violation of Pennsylvania law, and that defendant failed to properly supervise workers at the work site.
The owner of the construction site argued that it had no liability as it was a landlord out of possession. The general contractor disclaimed liability, claiming immunity as the statutory employer.
The parties settled the case for $212,000. Defendants agreed to pay an additional $50,000 to settle McDermott's worker's compensation case. Consequently, the worker's compensation lien was waived.
Plaintiff's experts were Ronald Cohen, engineering, Malvern, Pa.; Jon Fisher, medicine, Collingdale, Pa.; and Joseph Lubeck, neurology, Bala Cynwyd, Pa.
Defendant's expert was Richard Katz, neurology, Philadelphia, Pa.
Plaintiff' Counsel
*David F. Itkoff, Penns Park, Pa. Brandon Swartz, Penns Park, Pa.
Copyright Association of Trial Lawyers of America Mar 2003
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