Local 1 ironworker recovers over 1,100,000.00 as a result of injuries sustained due to stepping into an uncovered three foot deep excavation on a construction project. The Ironworker suffered a herniated disk in his back. He stepped into the excavation due to a storm that suddenly hit. He and other co-workers were trying to escape from a sudden storm. We alleged that the excavation should have been barricaded and that that general contractor James McHugh Construction Company should have known of the upcoming storm which packed 80 mile per hour winds. There had been storm warnings issued and McHugh had a responsibility stop the job due to inclement weather. McHugh argued that the danger was open and obviously the ironworker should have looked where he was going. The case was prosecuted by Clifford W. Horwitz, Jay R.Luchsinger and Michael D. Carter.
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