David Jester and Natalie Daugherty recently secured a Summary Judgment with Prejudice in a case pending in Covington County, Alabama. The case was the result of a fall from a bridge construction site that caused a catastrophic injury to the Plaintiff. The Court ruled that the Plaintiff’s fall was his own fault because he “knowingly entered onto an elevated platform to work despite the absence of guard rails.” The Court found the lack of safety railings an open and obvious danger, negating any duty owed by the client, a general contractor, to the Plaintiff. Before summary judgment was granted, the Plaintiff was claiming damages in the millions of dollars.
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