Ladder Case Settlement $350,000
After surviving summary judgment and participating in mediation, we recently settled a case involving a ladder accident for $350,000.
As is common with mediation settlements, there is a confidentially provision that limits what we can say about the case, but here is what we can say:
The liability in this case was hotly disputed from the beginning. Our client was injured in 2018 when a ladder provided to him for a commercial repair project slipped out from under him due to worn down “feet” at the base of the ladder that failed to provide sufficient traction.
There were no witnesses to the accident, the defendant denied giving our client the ladder, said our client could have used his own ladder which was on his truck, and claimed it was our client’s own fault the ladder slipped.
As a result of the accident, our client sustained serious spinal injuries requiring emergency surgery.
How Burger Law Won the Case
Our lawsuit alleged three different theories of recovery: general negligence, premises liability, and negligent supply of a dangerous instrumentality.
The defendant filed a Motion for Summary judgment on all counts, trying to get our case completely dismissed.
They succeeded on dismissing the premises liability count based on the “independent contractor doctrine” which is a defense to premises liability claims. See Matteuzzi v. Columbus P’ship, L.P., 866 S.W.2d 128 (Mo. 1993). This holds that when an independent contractor comes on the property and takes control of work, they cannot sue for a dangerous condition.
We did not think it squarely applied here, but had other claims too. We successfully defeated summary judgment on the other two counts and continued on.
Ladder cases are tough, and even with the best facts, there is almost always some comparative fault on the person who fell. Because of this, the defendant never made any offer whatsoever until the mediation despite our client’s serious injuries.
We were incredibly pleased with the $350,000 result that we obtained, and defense counsel even said, “I think this is one that we paid more than it was worth” and that no money was left on the table.
St. Louis Personal Injury Lawyer | Burger Law
Have you been hurt in what seems to be a difficult personal injury case? Burger Law can help. Gary Burger and the legal team at Burger Law have a proven record of fighting for those who need an advocate and obtaining settlements for those who need and deserve them. Speak to us for free to find out how we can help you with your personal injury case today. Reach us by calling 314-542-2222 or filling out this form today.