Virginia Lawyers Weekly VA Lawyers Weekly
A 24-year-old HVAC mechanic was injured when a falling fire extinguisher struck him on the top of his skull. Defendant property owner and defendant contractor mounted the fire extinguisher 17 feet off the floor by a simple ring on a hook, with no strap or restraint, in a narrow roof access chute next to a ladder. The defendants did not place any warning or notice of the extinguisher mounted above.
The plaintiff’s injuries included a depressed parietal skull fracture, a gash in his scalp and a traumatic brain injury. Plaintiff also suffered a neck injury and aggravation to a prior left shoulder injury that required rotator cuff repair surgery following the incident.
Defendants contested liability and damages and argued contributory negligence.
[19-T-128]Type of action: Personal injury
Injuries alleged: Depressed parietal skull fracture, a gash in his scalp, and a traumatic brain injury
Name of mediator: Hon. Gerald Bruce Lee (Ret.)
Date resolved: July 9, 2019
Verdict or settlement: Settlement
Amount: $390,000
Attorneys for plaintiff: J. Gregory Webb and Lisa S. Brook, Charlottesville
Plaintiff’s experts: David E. Ross, M.D.
