- Well, now let's see here. It seems to me first of all that almost
any way you choose to slice this cheese, in the end there will be
*some* compensation paid out – it's just a question of how much, and
Taking things chronologically, I would first pose a question
regarding the "putting pressure on sub-contractors" allegation. If I
were sitting on a jury and heard that tossed out, my first thought
would be "Okay, prove it." I'd want to see or hear through witnesses
and/or documentation evidence of the alleged "pressure." On its
face, that statement is believable but credible evidence would be
The information suggests that Plaintiff is (or was) employed by one
of the sub-contractors –as a "finisher" of sorts. Is that a correct
The "kick a brick" test alluded to quite frankly stinks as evidence
of "safety." Granted, 99 of 100 times it might prove sufficient, but
there are better ways – especially where ultimate safety is at
issue. Granted, this case does not involve a toppled brick chimney
or the like, but the underlying approach to assessing or assuring
safety should be somewhat similar. If that mother goes and something
happens, somebody's keister is gunna be in a sling.
Defendant's allegation that "this did not happen – nobody saw it…"
is nonsense at best. It makes me think of that question that starts
out "If a tree falls in the woods and there's no one around…" At
least two others "saw" the accident. (Note to Plaintiff: Get
yourself a bloodhound and say "C'mon Rover boy, let's go hunting!")
The nature of Plaintiff's injury and subsequent treatment … if I
were a juror, I'd want to hear expert testimony on that from the
doctor(s) who did the work; Nothing too technical, but enough to
settle the matter in the average "reasonable" mind.
The single item of any weight against Plaintiff would it seems to me
be the alleged videotape. None of the rest of it matters –
particularly the prior felonies.
"Every time the Plaintiff goes to the doctor he tells a different
version. Sometimes it is one brick, sometimes two bricks. The next
time it is several bricks." Here again – nonsense which could be
easily explained away. Whether it was one, ten, or a hundred – it
only takes one!
I could go on, but will not. I will say this much in closing: in all
probability, Somebody is going to kick out bucks here – because an
injury was obviously done. If defendants expect to win, they had
better put forth more *relevant* information than is given here. I'd
almost be tempted to offer a settlement, equally divided between the
site owners and the contractors. There's just not enough here of any
consequence that would allow them to escape responsibility.
The defendent has a real problem in that there is plenty of research
acknowledging that back pain cannot be ascertained by any physical measures
conditions which make one patient immobile with pain do not affect others.
I'm wondering if the reactions would be the same if this were a middle aged
wealthy woman horseback rider who went to visit the house and had the same
accident (and similar previous incidents from throws)?
Back surgery and fusion is no fun, and there are zillions of 'failed'
surgeries (Amy should just trot out some of the previous cases!) which leave
miserable. Uh oh, there are the next suits in this case about to be
"not able to work" is iffy - he certainly can't go back to the work he was
doing previously. As for the bicycle ride, that may be an attempt to regain
physical loss which shouldn't necessarily be held against him.
Besides, I hate developers - I'll bet there wasn't one piece of affordablel
property in this tract!
With the wheelbarrow incident, evidence of post-accident activity (is it
contrary to doctor's orders), omissions and changing stories, I would vote
against awarding him anything.
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