Our clients, two brothers, were called to perform a roofing estimate on a commercial property. While on the roof, one of the brothers fell through a skylight. The other brother, while running to his aid, fell through another skylight. Both fell about 20 feet, with one landing on top of a golf cart below. We alleged that both sustained serious orthopedic injuries and traumatic brain injuries (TBI).
The defense vigorously defended the case. As far as liability, the main defense was that the skylights were open and obvious and that our clients were comparatively at fault for what happened. We alleged that the skylights were not open and obvious and were actually painted over white like the surrounding roof, making them hidden dangers. The defense hired a board-certified neurosurgeon who graduated from Yale University's School of Medicine to exam them, and their medical records, and opine that they were not seriously injured at all. However, due to our aggressive litigation strategy, the insurance company ultimately agreed to a global settlement in the amount of $1,95 Million for both brothers.
