Our client, 22, was a laborer at a five-story commercial construction site. In his third week on the job, he fell into an open stairwell shaft fifteen feet to the floor below, causing a herniated disc at L4-5 and a compression fracture L4.

After accepting the case, Jim immediately retained an OSHA Safety Expert to review the extensive records of the general contractor at the site. He learned that the open stairwell had no guardrails or other fall protection as required by OSHA, placing workers such as Jim’s client at high risk of fall. Further, the area around the opening was poorly lit, even though the general contractor knew our client and others would be working into the evening hours.

The defense argued that there were no OSHA violations, that our client knew the opening was there, but simply walked into it and that the accident was completely his fault.

Prior to trial, the defense offered $150,000.00. Jim and his client rejected the offer.

Jim subpoenaed the defendant’s general contractor’s job superintendent and was able to establish through his testimony the facts necessary to establish multiple OSHA violations. Moreover, through the use of a former OSHA inspector who Jim retained as an expert, Jim established that these OSHA violations were there to protect worker’s and that had they been followed this accident would simply not have occurred.



After a six-day trial, and a one-and-half-hour closing argument by Jim, the jury deliberated for only forty minutes. The jury found for Jim’s client for a judgment of $756,000.00.