Blowing sheets of decking material cause carpenter to plunge off roof: Failure to secure decking: Wrongful death: Settlement

Law Reporter, Jun 2003

Bonner v. Hartz Mountain, N.J., Middlesex County Super. Ct., settled during mediation, Sept. 12, 2002.

Bonner, 46, was a carpenter working on construction of a 12-story office building overlooking the waterfront. A subcontractor who supplied sheets of decking material left them inadequately secured on the building's roof. The sheets began to blow off the roof into the river. Bonner attempted to maneuver a heavy beam onto the decking material to secure it. The beam hit Bonner and knocked him toward the edge of the roof, where he was hit by blowing sheets of decking material. While Bonner was holding the guardrail at the end of the roof, another sheet of windblown decking carried him through the safety guardrail. Bonner fell to his death.

Bonner, who had earned about $50,000 annually, is survived by his wife. Her losses due to his death are estimated at $500,000 in lost income and $500,000 in lost services, companionship, and advice.

Bonner's wife brought suit against the subcontractor that was installing the decking; the building owner, which also acted as general contractor; and the subcontractor that had constructed the guardrail, among others. Suit against the decking subcontractor alleged violation of federal safety regulations in leaving the decking material unsecured on the roof. Suit against the owner-general contractor alleged failure to provide a safe workplace. Suit against the subcontractor that had furnished the guardrail alleged violation of federal safety standards in that the guardrail was not of adequate strength and did not contain sufficient posts and cables.

The owner-general contractor moved for summary judgment, contending that Bonner had been its employee and suit against it was barred by workers' compensation. Plaintiff countered that Bonner, who was the shop steward, was fulfilling his union duty to protect the workers when he tried to secure the sheets. Thus, plaintiff argued, he was not under the general contractor's control in this activity. The trial court denied the motion.

The parties settled during mediation for $1.4 million. The roofing contractor paid slightly more than half the total settlement. The remainder was paid by the general contractor and the manufacturer of the steel guardrail.

Plaintiff's Counsel

* Jack Wurgaft, Springfield, N.J.

* Ira J. Zarin, Springfield, N.J.