Trial Magazine

Doe, 34, was a laborer for an independent contractor that was assisting a hotel framing crew. The framing crew supervisor allegedly instructed Doe to remove all wood scrap debris from a rooftop. After collecting a considerable amount of debris, Doe approached a half-sheet oriented strand board (OSB) that covered a roof opening leading to an HVAC riser shaft. He lifted the OSB sheet while stepping forward to stand it on edge. As he did so, he stepped into the riser shaft opening and fell four stories.

Doe suffered spinal injuries at T-10, resulting in paraplegia and a neurogenic bowel. He also suffered a mild traumatic brain injury in the fall.

Doe sued the job’s two framing subcontractors, general contractor, roofing subcontractors, and HVAC contractor, alleging failure to prevent his fall in accordance with OSHA regulations and other industry safety standards. The plaintiff asserted that the roof opening should have been barricaded or affixed with a secure cover and an adequate color-coded warning. Additionally, the plaintiff claimed that he had no prior knowledge of the hazard, which was not open and obvious.

The defendants contested liability and argued that Doe was contributorily negligent.

The parties agreed to a structured settlement for more than $5.2 million, in addition to ongoing workers’ compensation benefits.

Citation: Doe v. Roes, Confidential Dkt. No. (N.C. Super. Ct. Buncombe Cnty. Feb. 23, 2023).

Plaintiff counsel: Jay Kerr and Ervin Ball, both of Asheville, N.C.