A 48 year-old concrete finisher was seriously injured while working at a residential home construction site in Gilbertsville, PA in Montgomery County, PA. The Defendant’s vehicle struck a utility pole lying in the roadway, causing it to hit the Plaintiff’s left leg and foot and trapping it between the pole and a vehicle, causing a crush injury. As a result of his injuries, the injured victim underwent a tarsal tunnel release surgery to his foot and never returned to his job after the accident.
Simon & Simon brought suit against multiple defendants, including the driver of the vehicle that hit the pole, the general contractor and various sub-contractors involved in the construction project, alleging serious and permanent injuries, past and future wage loss and diminished earning capacity, a loss of consortium claim on behalf of the victim’s spouse, and post and future pain and suffering.
The Defendants disputed that they were negligent, disputed the extent of the injuries based on post-surgery surveillance of the Plaintiff that appeared to show him without any residual foot problems, and argued that the victim was able to return to work. The Defendants also argued that a subsequent motor vehicle accident was the cause of many of the victim’s current complaints. The case settled for $300,000 following an unsuccessful mediation and after days of aggressive, post-mediation negotiations by Simon & Simon attorneys and counsel for the Defendants.