Attorneys for the family of a North Carolina man killed on the job when he fell through a whole in a work stand have negotiated a $2 million settlement with the company that repainted the 25-foot high device.
The defendant, whose name was withheld because of a confidentiality agreement, maintained that the worker had received improper training from his employer and should have been able to see the opening in the stand. However, Paul R. Dickinson Jr. of Lewis & Roberts in Charlotte, attorney for the plaintiff, argued that the stand had been repainted in such a way that the opening was camouflaged. Additionally, the man had immediate supervision and was following procedure when the fatal accident occurred, he said.
“We argued that the painting of the platform was an independent act of negligence on the part of the entity (the defendant) that sold us the platform and that our client had immediate supervision … and wasn’t violating any work procedures of his employer when the accident happened,” said James A. Roberts III, who also worked on the case.