S.F. Construction Superintendent Awarded $10.5 Million After Fall Down Unguarded Elevator Pit
The Veen Firm Secures Unanimous Jury Verdict Against Negligent Contractor on Union Square Burberry Remodel
San Francisco, Novemeber 6, 2006 – On Friday, a San Francisco jury unanimously awarded 44-year-old construction superintendent Robert Scott $10,563,862 for his extensive injuries caused by a preventable construction site fall into an unguarded elevator pit. The verdict followed a seven-week trial that explored general contractor Richter & Ratner's liability for the accident, which occurred during the 2004 remodel of Union Square's Burberry clothing store.
Scott was represented in the case [Robert Scott v. Richter & Ratner Contracting Corporation; San Francisco County Superior Court; Case No. CGC-04-434970] by William L. Veen and Kevin Lancaster of The Veen Firm in San Francisco.
"This is a perfect illustration of our amazing jury process. A group of 12 citizens heard seven weeks worth of intense testimony – including details on a variety of extraneous issues – and they worked very hard to sort out the relevant material and render a verdict that will give our client back some semblance of a future – for himself, his wife and his young son," said Veen, Scott's attorney and founder of The Veen Firm.
The Burberry project, which spanned Dec. 2003 to Oct. 2004, was a multi-million dollar, interior remodel and seismic and structural upgrade of the existing retail store and building at 225 Post Street. The defendant, Richter & Ratner Contracting Corporation of New York, was the general contractor and hired several subcontractors, including the plaintiff's employer, Cannon Constructors, and Paramount, an elevator subcontractor.
At the time of the accident, subcontractors were replacing the existing elevator, and to accommodate other ongoing work, Richter & Ratner was required to maintain barricades in front of each opening to the elevator shaft. On Aug. 30, 2004, Scott was working when he slipped into the unguarded elevator pit, falling backwards and landing on his back on the concrete floor. As a result, Scott sustained permanently disabling back, neck and knee injuries that prevent him from ever returning to his prior work as a construction supervisor and general contractor or to the physical activities he loved.
The jury awarded Scott $10,563,862 – a total that is 25 times the amount of the defendants' final, pre-trial settlement offer. The suit charged Richter & Ratner with negligence and premises liability, and the jury found the general contractor 98 percent responsible for the accident.
"We cannot overstate our gratitude to the jury, the judge and the many witnesses and experts, who gave so much of themselves to ensure that Mr. Scott received a fair trial and just compensation for the injuries with which he has struggled and will continue to struggle for the rest of his life," added Lancaster, co-counsel and a senior attorney with The Veen Firm.
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