Wal-Mart pays $7,217,664.71 After Tripping Construction Worker

(CHICAGO) On October 16, 2007, Frank Barnai, a union sprinkler fitter, was injured when he was walking while carrying sprinkler pipe over his shoulder
and tripped over electrical conduit that was protruding up from a
concrete floor. Nuline had installed the electrical conduit, which was
sticking up approximately 6-12 inches out of the floor at the time of
the accident. Plaintiff claimed Nuline was negligent for installing the
conduit without properly marking it as a hazard. Plaintiff claimed the
general contractor, International Contractors, and the property owner,
Wal-Mart, each had individuals who were present on the job site and
had responsibilities for inspecting the work area for tripping hazards.
Plaintiff claimed Nuline, International Contractors, and Wal-Mart all
failed to properly identify the tripping hazard and ensure that it was
made visible or denoted as a hazard, and failed to ensure workers on
the job site were not exposed to the hazardous condition. Defendants
claimed Plaintiff was contributorily negligent in not watching where he
was walking, and claimed Plaintiff knew of the dangerous condition
because he walked past it hundreds of times before he fell.


INJURIES/DAMAGE :
Prior to the accident, Barnai had undergone a lumbar fusion surgery at
L4-5, but had returned to full duty work as a sprinkler fitter and had
been working full time without problems for at least 5 months prior to
this accident. As a result of this accident, Barnai required multiple
revisions of his prior fusion. Ultimately, after several surgeries, Barnai's
spine was fused from the T-9 level through the S-1 level. Barnai was
unable to return to work after the accident, and is mostly confined to a
wheelchair.

SETTLEMENT:

BARNAI V. WAL-MART STORES, INC

Back Injury

Construction Accident

$5,073,463.71

VERDICT:

BARNAI V. WAL-MART STORES, INC

Back Injury

Construction Accident

$2,144.201.00