On September 9, 2011, the plaintiff, a resident of Newark New Jersey, was injured when the cargo can he was riding in was involved in a roll-over accident. Evidence uncovered during discovery revealed that the defendant, a carpet and tile manufacturing warehouse, hired subcontractors to do carpet and tile installation work for consumers purchasing flooring at the defendant's Hackensack, New Jersey, sales facility.
Since the carpet manufacturer (a) placed out the materials that were to be utilized during job installations and dictated the size of the jobs and the materials that had to be transported (b) assigned the work to subcontractors working at the facility and (c) contractually required subcontractor installers to follow all appropriate safety laws and regulations, we filed suit taking the position that the carpet manufacturer had an obligation under OSHA to stop subcontractor installers from making workers ride in the back of cargo van without seats and seatbelts, an activity that was patently unsafe and a violation of New Jersey traffic laws.
In addition to three medical experts, we hired an engineer who was an OSHA safety expert and a biomechanical engineer who evaluated the harm caused to the plaintiff because of van's lack of back seats and seatbelts. After three years of litigation, we were able to successfully resolve the case on October 14, 2014 at mediation on behalf of our client, a 26 year old father of two.