Lawyer Recovers $350,000 for Union Mason Hurt at Work

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A union member was working for a mason contractor on a 500 home Hovnanian residential development project.  The general contractor of this job site was the Hovnanian defendants.  The Sambol defendants were an excavating subcontractor.   Gerald Clark represented the injured  masonry worker and argued the Sambol defendants were negligent in removing a set of decking and stairs to the subcontractors’ storage trailers and failing to put them back.  Liability against the Hovnanian defendants was based on the general contractor’s legal duty to maintain a safe workplace and ensure compliance with the federal construction safety regulations, a.k.a., OSHA.  In discovery Clark uncovered a critical internal Hovnanian memorandum which discussed the lack of decking and stairs on the storage trailers.  Clark commented, “This established conclusively Hovnanian had specific knowledge of this dangerous condition weeks prior to the accident but did little to fix it.”

The foreman of the mason subcontractor was injured when he slipped getting into one of the storage trailers to retrieve tools and equipment.  He suffered a herniated disc at L5-S1 but did not undergo any surgery.  Plaintiff alleged he was no longer able to work as a mason and instead was making less money as a car salesman.

The matter settled after a mediation in Middlesex County, NJ before a retired judge of the Superior Court Appellate Division.  The settlement was paid by the insurance carrier for the defendants.

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