February 02, 2011 : Rick Stabinski Obtains Summary Judgment in a $3 Million Verdict Roof Fall Case

On January 20, 2011, the superintendent for the general contractor of a Philadelphia construction site was awarded $3 million for injuries he suffered after falling through an unmarked hole that a roofing company placed on the roof of the project site. The roofing company had joined a plumbing company as an additional defendant on the theory that the plumbing company did not timely provide roof drain covers for installation by the roofer and, hence, the plumbing company was also responsible for Plaintiff's injuries due to its late delivery.

Prior to trial, Rick Stabinski, moved for summary judgment on behalf of the plumber arguing that there was no record to support the contention that the plumber did not timely provide the roof drain covers. He provided a record whereby the delivery man for the plumbing company testified that he delivered the roof drains to the construction site two weeks before the accident. Thus, the plumbing company should bear no responsibility since the record showed that the roof drains were supplied prior to the accident.

The Plaintiff opposed the motion for summary judgment arguing that there was a material issue of fact and cited testimony from the foreman of the roofer that he had spoken to someone from the general contractor and was told that the roof drain covers had not been delivered by the plumber at the time the roofer was cutting the hole. Based on that statement, the roofer argued that it had no choice but to leave the hole uncovered until the plumber provided the drain covers.

Rick Stabinski's reply brief noted that the only record used to create a material issue of fact was through the use of inadmissible hearsay allegedly made by unidentified declarants. Inadmissible hearsay should not be used to create a material issue of fact in order to defeat a motion for summary judgment.

The Court agreed with the plumber's motion for summary judgment and dismissed the plumber from this case. At trial, Plaintiff proceeding solely against the roofer and obtained a $3 million award for his broken ankle and regional pain syndrome.

File Under: Results, General Liability, Richard E. Stabinski