We successfully obtained a no cause from the jury in a very complex medical malpractice/wrongful death/construction/engineering malpractice case tried for 45 days.
We successfully obtained a no cause from the jury in a very complex medical malpractice/wrongful death/construction/engineering malpractice case tried for 45 days. Plaintiff's demand had been $20 million. The theory of the case was that our construction and engineering clients breached a duty to provide a reasonably safe workplace. The plaintiff was involved in an accident on a construction site and underwent spinal surgery. While in the defendant hospital's ICU, plaintiff had an event placing his in a vegetative state. He lingered for three years before dying. We argued that we did not alter the condition of work place and did not observe a dangerous condition while on the site, which would have triggered a responsibility under the engineering liability statute N.J.S.A. 2A:29B-1. We further demonstrated that this was an active job site for which the GC and its other subcontractors retained a responsibility to oversee construction site safety. The plaintiff was attempting to impose liability on all of the named defendants while simultaneously attempting to avoid a determination by the jury that the plaintiff's employer bore any responsibility for the accident. The trial pitted the construction defendants against the medical defendants. The jury ultimately found no cause against our client, but found against the GC, its installer, and the decedent's treating physician and awarded $7.4 million.