Nicholas Syregelas and Kyle Kasmarick obtained the $2.5 million settlement in favor of the parents and siblings of a hospital maintenance worker who was killed when several sheets of lead-lined drywall fell, pinning him against a wall. Although OSHA cleared the general contractor, its subcontractor and the hospital of any safety violations, our firm successfully argued the drywall was negligently left on a cart outside the designated construction area and blocked access to a second room the worker was attempting to enter. The defendants argued that it was accepted industry practice to store drywall on a cart until it was installed and that the decedent should not have attempted to move the cart without assistance. The accident occurred after hours and was unwitnessed.
The $2.5 million award is in addition to a separate worker’s compensation settlement the firm obtained for the worker’s family in 2012. Defendants reported that the case resulted in changes to their safety practices and handling of drywall.