Worker falls in silo: Failure to warn that metal floor grating had been removed: Cervical herniation: Settlement

Law Reporter, Oct 2003

Bazar v. Peer Consultants, P.C., N.J., Burlington County Cir. Ct., No. L-916-98, Feb. 14, 2003.

Bazar, 45, worked for an environmental cleanup company assigned to remove oil from nuclear missile silos at an air force base. Bazar entered a darkened silo and proceeded towards a large, bi-fold door. He intended to open the door to bring light into the silo. Bazar stepped into a section of flooring where metal grating had been removed. He lost his balance and fell. Bazar suffered a cervical herniation at C5-6, requiring two separate fusion surgeries.

Bazar, who had earned about $30,000 per year, was unable to work for two years. He later became self-employed as a carpenter and laborer. It was estimated that he might earn about $20,000 working for himself. His diminished earning capacity and lost wages totaled about $400,000.

Bazar sued the contractor responsible for the job, alleging negligence in failing to warn him that portions of the floor grating had been removed. Suit also alleged multiple violations of U.S. Occupational Safety and Health Administration regulations. Defendant disputed that the incident had occurred, pointing out that two coworkers who were with plaintiff had no recollection of the incident, and that plaintiff delayed reporting it. Defendant also contended that plaintiff was negligent in proceeding into a dark silo without a flashlight.

The parties settled before closing statements for $425,000.

Plaintiff's Counsel

Martin S. Pappaterra, Mount Holly, N.J.

*Anne P. McHugh, Mount Holly, N.J.