Kelly v. Phelps, 98-CI-2228. Another plaintiff, a carpenter, was injured on the job after the roof of the project collapsed. He noted that once he arrived at the site, he saw the porch was sagging and attempted to fix the sag before the collapse. He sued several entities, including the contractor, and sought $42,192 in medical bills, $65,000 in lost wages and $130,269 in impairment. Our attorneys pointed out that not only had the plaintiff recovered and was in fact earning more money than he did before the accident, but he also admitted that he was aware of the sagging roof and negligently repaired it immediately before it collapsed. Our advocacy resulted in the jury putting the plaintiff 60 percent at fault for his injuries, making the contractor responsible for only its share of a $21,046 verdict – less than a quarter of what the plaintiff originally sought in damages.
