Adam Appel and Kim Ruder defended an apartment complex in a wrongful death catastrophic construction site/premises liability lawsuit involving the tip over of a boom lift carrying two waterproofing contractors. Plaintiffs (in two separate lawsuits) alleged that the apartment complex maintained control of the work site and thus was responsible for ensuring that the work site was safe and that the use of the boom lift was appropriate for the work site. Appel and Ruder successfully obtained summary judgment in proving that the decedents’ employer was responsible to ensure a safe working environment and that the apartment complex had relinquished control to the contractors. Damages were claimed to be in the millions.
Kim Ruder defended a general contractor and its principal in a work site accident involving a fall from the top of a box truck. The plaintiff, while gathering equipment from the roof of a box truck sustained a fall to the ground, sustained significant injuries to his neck. He underwent a cervical fusion surgery at multiple levels and incurred medical expenses in excess of $350,000. Ruder and Appel successfully disposed of the lawsuit at the motions stage. Damages were claimed to exceed $1,000,000.