Worker falls through hole in walkway: Failure to mark, cover opening: OSHA violations: Tibial fracture: Settlement

Law Reporter, Apr 2000

Carroll ro. Energy Serv. Insulation, Inc., Fla., Hillsborough County Cir. Ct., No. 98-6360, May 3, 1999.

Carroll, 44, was monitoring the removal of asbestos insulation at a power plant. While inspecting overhead beams with a flashlight, she fell into a rectangular hole in a steel walkway grating. The hole had been cut by Energy Service Insulation, the company hired to remove the asbestos insulation. She suffered a fracture of the left tibia and cranial nerve palsy. Her medical expenses totaled about $36,400. An asbestos removal inspector earning about $30,300 annually, Carroll missed about seven months of work and lost approximately $18,700 in wages. She now works as a warehouse supervisor earning about $31,200 annually.

Carroll sued Energy Service Insulation, alleging it had been negligent in cutting a hole in the grating. Plaintiff also contended defendant had violated OSHA regulations by failing to mark, guard, or cover the opening.

Defendant countered that plaintiff had been warned about the hole and was, therefore, aware of its existence before she fell. Defendant also argued such holes were common and plaintiff had failed to watch where she was going.

The parties settled after mediation for $150,000. Plaintiffs Counsel

*Roger Vaughan, Tampa, Fla. Roger Vaughan III, Tampa, Fla.