OMW Wins Summary Judgment in Construction Site Wrongful Death Case

July 15, 2016

Daniel W. Glavin obtained summary judgment on behalf of OMW’s client in a wrongful death case. Plaintiff was a carpenter-foreman of a crew constructing scaffolding for a project involving repair of damaged ductwork at a NIPSCO generating plant. He fell to his death after scaffolding was modified, apparently by another contractor working on the project. His estate sued several contractors, including OMW’s client, which worked on the scaffolding dismantling sheet metal lagging to expose the damaged duct so it could be removed and replaced. Despite the fact that more than 50 depositions of site witnesses were conducted in an effort to identify the party responsible for modifying the scaffolding and causing plaintiff’s death, the court found no evidence OMW’s client was responsible and granted summary judgment. Jabaay v. BMW Constructors, et al., Lake Superior Court, Cause No. 45D01-1401-CT-34 (July 15, 2016). For more information please contact Daniel W. Glavin at (219)-322-0450, or by e-mail at [email protected].