Trial Magazine

Duane Schultz, 52, was working as a carpenter’s assistant for a subcontractor on a home construction project for general contractor Atlas Homes, LLC. During the framing of the home, Schultz was working on the second floor. He stepped backward to pull up a compressor hose and fell approximately 20 feet off the side of the building. He suffered thoracic and lumbar spinal fractures and four fractured ribs. He underwent open reduction internal fixation surgery that included a three-level fusion. Schultz continues to experience pain and discomfort and has difficulty standing, walking, or sitting for extended periods. His medical expenses totaled $177,000.

Schultz sued Atlas Homes and its owner, alleging failure to comply with OSHA standards by providing fall protection and temporary railings at the work site. Suit did not claim lost income.

The defense argued that it was Schultz and the subcontractor’s responsibility to ensure compliance with OSHA standards and that Schultz negligently worked near an unguarded edge.

The jury awarded $7.5 million, finding the plaintiff 15% liable. The verdict was later adjusted to include past medical expenses, for a total gross verdict of more than $7.67 million.

Citation: Schultz v. Atlas Homes, LLC, No. MID-L-3512-16 (N.J. Super. Ct. Middlesex Cnty. Jan. 15, 2019).

Plaintiff counsel: AAJ member James Pagliuca and Andrew Chambarry, both of Woodbridge, N.J.

Plaintiff experts: Vincent Gallagher, safety, Audubon, N.J.; and Richard Klein, orthopedic surgery, East Brunswick, N.J.