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When Heavy Lifting Has Heavy Consequences

by on September 25, 2013 » Add the first comment.

Some philosopher once said, “We all live on the edge of a precipice. It is the responsibility of each one of us not to fall in.”  Unfortunately, the thing about philosophers is that they say brilliant things without giving much detail, and then move on to contemplate larger issues leaving us to ask such lesser, but significant questions as, “Precipice? What precipice?”  and then ask the even more vital question, “Where is it?” Clearly, if you know the location of the precipice you will be able to avoid it, and thus insure not falling into it. Which brings us to the story of my client, whom I will call Je

Jerry is a successful and noted Hollywood Line Producer. Unlike the plain old Hollywood Producer of legend, who breakfasts on caviar and champagne on his yacht, and makes his intellect challenged girlfriend the star of “The Life of Marie Curie,” the Line Producer is actually and completely responsible for absolutely everything and everyone physically required to make a TV show or motion picture 24/7: makeup, cell phones, transportation, accounting, wardrobe, etcetera. Everything. Consequently, a Line Producer must have and expend an enormous amount of physical energy, intellect, tact, and people smarts to do his job well. That describes Jerry, who needed to buy two slabs of quality granite to match those already in place in his remodeled kitchen, and went back to the same dealers, who had sold him the granite previously.

Always under time pressure, and remembering how slow they had been then, Jerry went in early, and was quickly able to get a Salesman, who drove him around the granite storage lots where Jerry found the two slabs he needed, and then went back to the office to write up the sale. Because the slabs Jerry had selected on his first visit were sold to another customer because they had not been marked as SOLD, and Jerry had to search to find the slabs he wanted all over again, he asked the Salesman to mark the new slabs SOLD to insure no such glitch would happen again. Instead, the Salesman gave Jerry his business card and a black Sharpie pen, and told him to mark the slabs himself. The Salesman gave Jerry no instructions on how to handle the slabs, and did not warn him that attempting to mark the slabs himself might be dangerous.

Jerry went to the yard where his selected slabs were stacked with others, and remembering that slabs had to be marked on their polished side marked the first slab whose polished side faced him SOLD. But then Jerry realized he’d have to pull the top slab aside, and turn the slab underneath over because its rough side was facing him, and he had to get at its polished side. As he attempted to do this, the great weight of the slabs overcame him and he was crushed by the slabs sustaining what were subsequently diagnosed as severe and painful injuries of such magnitude that Jerry was not only unable to work, but also unable to seek employment as a Line Producer for over five months. And worse, the timing of his injury and length of recovery caused him to miss an entire television “season,” during which he would be working as a Line Producer as he had been for the three previous years at an average of $525,000 per year.

Always alert to the possibility of defendants tampering with evidence after an incident causing injury, the David Grey office photographed the entire premises of the stone dealership shortly after the incident. Those photographs revealed that there were almost no warning signs posted, and none where Jerry might have seen them. In the subsequent depositions however, stone dealership personnel claimed that such warning signs were plentiful when in fact, the dealership had only posted such signs weeks after Jerry’s injury.

If the word GOTCHA leaps to mind you have been paying attention.

The David Grey office was able to pursue and win justice for Jerry to the tune of $600,000 plus, plus all medical and care costs. If any WARNING: PRECIPICE signs had been properly displayed there is a very strong probability that none of this would have happened. But then, as I said, Philosophers are happy just to tweak your brain and move on. Luckily, Personal Injury lawyers are not philosophers.

 

Find more like this: Premises Liability and Injuries

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