Plaintiff v. General Contractor

The Plaintiff was hired to assist in the framing and erection of a residential home in Beverly, Mass.  The Plaintiff was helping raise a section of the framing with two other workers, when the section gave way and fell on top of him. The Plaintiff suffered injuries to his back, neck, and left ankle, which required surgery.

The contractor who had hired the Plaintiff was not insured and did not defend the action. However, it was established that he was a subcontractor to a general, the Defendant in the case, who allegedly failed to supervise the work and maintain a safety plan, notwithstanding the fact that it had pulled a permit for the job.

The Plaintiff had first been represented by another attorney, who was pushing the Plaintiff to settle his case for a sum, which the Plaintiff felt was too low for the injuries suffered. There was also an issue from a Workman’s Compensation payment, which the general paid, and a lien which arose from the payment.

Attorney, Keith L. Miller, took over the case just prior to trial and was prepared to put the case to a jury. However, the case then settled with the general contractor paying the sum of $122,000. Miller also negotiated a significant reduction in the workman’s comp lien, which made the settlement possible.