After 6 years of litigation and on the eve of trial, the insurance company made their first offer of $3 million. Our client, who was working on a construction project as a flagger sued the general contractor for failing to provide a required spotter whenever they moved equipment at the site. As a result, an excavator struck the flagger who was standing within the work zone. As the trial proceeded, the insurance company increased their offer to their full insurance policy of $6 million. The defense at trial focused on our client’s actions of improperly standing inside the construction zone and failing to react when the backup beeper on the excavator was sounding. After the liability trial, the general contractor was found 55% responsible. During the injury phase of the trial the general contractor agreed to pay an additional $1,500,000 above the policy limits.
Andrew Finkelstein, Brian Acard and Ken Fromson were on the trial team.