Thomas O’Brien v. J.D. Scott

Date:

May 2003

Venue:

Essex Superior Court
Salem, Massachusetts

Case Summary:

We defended J.D. Scott, a subcontractor on a work site where a hotel was being erected. The plaintiff, the head of a subcontracting concrete company alleged to have been struck on the head by a plank dropped by a Scott employee. He sustained a brain injury which, according to two Massachusetts General Hospital physicians, had caused permanent partial disability and had incapacitated him from work over the past four years, as well as causing a myriad of other problems, i.e. loss of hearing. The defendants took the position that if the accident occurred, the plaintiff was struck by a much smaller piece of wood that did not cause the injury complained of. We were also able to introduce into evidence a number of prior work-related injury claims by the plaintiff.

Results:

The jury deliberated for approximately two hours before returning a verdict for the defendant.

 

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