On April 15, 2001, Plaintiff, an ironworker, was working at the Baldwin Power and refurbishing of one of its boilers. The plant had a contract with Plaintiff’s employer to refurbish the boilers, including setting up and inspecting the scaffolding used for the project. Plaintiff’s employer had previously installed a work platform and extension scaffolding inside of the cyclones to assist its employees with the refurbishing of the boiler. As Plaintiff crawled into a cyclone and attempted to stand up, part of the extension scaffolding collapsed, causing him to fall three feet down to the cyclone floor injuring his lower back and causing a sacral nerve injury.

Plaintiff alleged that part of the scaffolding involved in the collapse were custom made trusses which had been previously designed, manufactured and supplied to the plant by Defendant to support the work platform scaffolding.

Plaintiff alleged that the custom made trusses were used with two extension pieces of scaffolding, which were about 12 inches long, and supported a scaffolding plank that closed a gap between the work platform and the crawl space into the cyclone. One of the extension pieces separated from the custom made truss, causing the plank to collapse.

Plaintiff alleged that Defendant was negligent for failing to provide instructions, a layout or warnings with the custom made trusses when it provided them to the plant on how to properly set them up. Plaintiff alleged that the carpenters in charge of the scaffolding were not aware that the extension scaffolding should not be attached to the custom made trusses. Defendant’s Chief Engineer was Plaintiff’s key witness in establishing that Defendant violated its internal procedures and policies regarding the manufacture of custom made scaffolding and providing them to clients without providing a layout on how to properly set them up.

Defendant denied that it made the custom made trusses. Defendant denied that it manufactured the extension scaffolding connected to the custom made trusses. Defendant denied that it was negligent and asserted that it provided proper warnings with all of its scaffolding. Defendant also argued that the scaffolding had been used several thousand times prior to Plaintiff’s fall at the plant with no prior reported incidents of failure or injury. Finally, Defendant alleged that Plaintiff’s employer was the sole proximate cause of Plaintiff’s injuries for failing to install and/or inspect the scaffolding as required by OSHA.

As a result of the fall, Plaintiff sustained a back injury and underwent fusion surgery. Plaintiff also claimed he sustained a sacral nerve injury. Plaintiff was placed on permanent lifting restrictions which forced him to leave his trade as an iron worker. Defendant disputed the extent and nature of Plaintiff’s injuries and damages.

Defendant made no offer to Plaintiff before trial. After six days of trial, the jury deliberated for about five hours before returning a unanimous verdict in favor of Plaintiff in the amount of $1,100,000.00.