Verdict in a recent case involving a trip-and-fall accident on construction site.

According to the November 23, 2009 Jury Verdct Reporter of Colorado (which I assume got held up in the mail somewhere), there was a trial last summer in El Paso County District Court involving a sub-subcontractor (Barnett) claiming to have been injured on a residential construction site.  Barnett claimed to have been injured when he fell off a ramp leading to the entrance of a townhome that was under construction, injuring his knee resulting in physical impairment and physical limitations.  According to the defendant, Peak Framing, Barnett had walked up and down the ramp several times on the day of the accident before he fell.  There were no witnesses to the accident.  The final demand before trial was $48,750 and the final offer was $15,000.  After a four-day jury trial, the jury returned a verdict for the defendant.

In an interesting twist, the jury was advised that the plaintiff held a medical marijuana certificate, which, according to the plaintiff, was needed to alleviate the knee pain from his construction site fall.  According to the defendant, the plaintiff had also applied for a medical marijuana certificate for neck pain.

For additional information regarding Colorado construction litigation, please contact David M. McLain at (303) 987-9813 or by e-mail at mclain@hhmrlaw.com.

Recent Posts

If We Want Affordable Housing, Local Governments Must Look in the Mirror

In every discussion about Colorado’s housing affordability crisis, the discussion often focuses on the ill…

22 hours ago

HHMR Joins Forces with HBF at 2025 Blitz Build: Building More Than Just Ramps

This past Blitz Build season, the Home Builders Foundation ("HBF") once again brought together builders,…

1 month ago

Strategic Investigation and Thorough Advocacy Leads to Dismissal and Fee Recovery for National Builder

When a national homebuilder faced a premises liability and negligence lawsuit in Colorado, HHMR’s Andrew…

3 months ago

Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable

The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW…

3 months ago

Colorado Appeals Court Clarifies “Control” Exception to Statute of Repose

In a recent Colorado Court of Appeals decision, Kritzer v. Qwest Corporation, the Colorado Court…

4 months ago

No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion

A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with…

4 months ago