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Carpenter Injured When House Under Construction Collapses in Storm

Carpenter Injured When House Under Construction Collapses in Storm

On August 28, 2005, Client was voluntarily helping to sheet a roof at a new home construction.  The home was being constructed by Client’s niece and her husband; the general contractor was the homeowner’s brother.  A summer thunderstorm moved into the area, and Client went into the garage portion of the structure to wait out the storm.  A wind gust caused the structure to collapse; Client was struck in the back by a corner post, causing serious injuries, including a burst fracture of his thoracic spine.  The entire structure of the partially constructed home was leveled.

Nearly all of the roof sheeting had been installed.  No wall sheeting had been applied to the exterior walls.  Plaintiffs alleged that the unsheeted exterior walls were not adequately braced to support the load of the roof trusses and roof sheeting, and created an unsafe and dangerous condition. Plaintiffs alleged that accepted building codes and standards of residential home construction were not followed.  Homeowner, an auto body shop worker who had never been employed in the construction business, testified that he, not his brother, was the general contractor for the construction of his home.  Plaintiffs alleged that the brother served in that capacity.  The case settled at Mediation; Stanley A. Grimm (Cape Girardeau) served as Mediator.

Plaintiffs’ experts: John Ward, Economist (Prairie Village, KS); Timothy Lalk, Vocational Rehabilitation (St. Louis); David Jacobsen, Engineer (Schaumburg, IL); Jack James, Contractor (Kirksville).  Defendants’ experts: Michael Griffin (Chesterfield), William Summers (Pacific); Richard Unger (St. Louis).

Type of Action:

Court:

Total Settlement:

Attorney for Plaintiffs:

Attorneys for Defendant:

Bodily Injury/Construction Accident

Circuit Court of Marion County at Palmyra

$415,000

Jay Benson (Kirksville)

Michael Maguire (St. Louis)

James Hansen (Quincy)