$21.5 million Settlement for man paralyzed in trolley station fall

Kelly Deutsch Cases in the Media, News 0 Comments

“The impact the settlement video had on negotiations was tangible.”
– Ryan D. Harris, Harris Personal Injury Lawyers

Verdict Videos produced a settlement video focusing on the San Diego Metropolitan Transit System (MTS), and their subcontractors’ negligence in creating a dangerous condition at a construction site. When the MTS decided not to close its stations during a scheduled renovation, and their subcontractor did not warn commuters of an impending trip hazard at the Imperial Street Station, the plaintiff tripped on exposed trolley tracks at the 12th and Imperial Station, and fell forward striking their head against the rail platform. They sustained cervical fractures that resulted in a spinal cord injury and quadriplegia.

Surveillance footage, deposition testimony, and on-site photos were utilized to present the dangerous condition, and a Day-in-the-Life video was incorporated into the presentation to document the plaintiff’s condition.  The resulting video was incredibly powerful.

As a result of the unsafe construction conditions, the plaintiff recovered a $21.5 million settlement. The plaintiff’s spouse filed a loss consortium claim.

At the time of the incident, several trolley stations were being renovated in the area. HSM Construction hired defendant Asphalt and Concrete Enterprises as the subcontractor for the grinding and overlay of the trackway. The grinding work performed left trolley tracks exposed by two inches, creating a known tripping hazard.

Opposite of “Safety First”

“Unfortunately the safety of our public did not come first. Instead, it was completely disregarded, and now our client is left to face the consequences,” said plaintiff lawyer, Ryan Harris, of Harris Personal Injury Law Firm.

Although the construction team’s work vest displayed “Safety First,” the incident showed the opposite. There was grinding work performed on the tracks, which left two inches of track exposed creating a known tripping hazard.

The defendants, including MTS and subcontractor SANDAG, argued they were not responsible for the hazardous condition. Although the subcontractors warned MTS of the hazard, MTS prohibited any signs on the station platform directing the public away from the exposed rails.

Harris Personal Injury Lawyers, Inc. is a dedicated team of personal injury lawyers who only represent victims injured by the negligence of others. They do not represent insurance companies and believe injured victims deserve the same high-quality legal representation as corporations in the insurance industry. With a proven success record, they’re not afraid to take on the large insurance corporations.

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