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Workplace Accidents Case Highlights

Workplace safety cases are those that involve on-the-job injuries or deaths. They can take many forms, from defective equipment or unsafe conditions that kill or injure, to disgruntled former workers returning to shoot and kill people at their work place.

Here are some of the trucking and automobile negligence cases we have handled.

- Disgruntled worker returns to kill three; largest verdict ever in workplace violence case

- Martishius v. Carolco Studios

- Worker falls through uncovered hole on construction site

- Worker suffers quadriplegia while being transported to a job

- Hospital worker kidnapped and murdered

- Worker falls through unsecured hole

Disgruntled worker returns to kill three; largest verdict ever in workplace violence case

In May of 1999, David Kirby and Isaac Thorp secured a multi-million dollar verdict against a multinational business in this workplace violence case. Top management did nothing when a worker known as “Psycho,” who had a long history of violence and a fascination with guns, said he would come back to “take management with me” if he were ever fired. He returned two days later, killing three people and wounding another. The case resulted in the largest verdict in the nation in a workplace violence case. The case was featured on 20/20, CNN, and in the Washington Post, The New York Times, and several other national publications. Back to Top.

Martishius v. Carolco Studios

David Kirby and Isaac Thorp tried a case in Wilmington, N.C., that arose out of the ill-fated movie “The Crow,” in which actor Brandon Lee was killed. A worker was instructed to work in an aerial crane near some power lines. The aerial crane was brand new to the set and bulky, and pushed the worker into power lines, where he was electrocuted. He survived, but was severely burned. The jury returned a multi-million dollar verdict. Back to Top.

Worker falls through uncovered hole on construction site

An electrician at a construction site was helping to move equipment on the 10th floor of the site. In doing so, he fell through a hole about 25 feet to the concrete floor below. The failure to barricade and cover the hole properly violated OSHA regulations. The worker suffered multiple and severe compression fractures of his back, fractures of the pelvis, bilateral rotator cuff tears to both shoulders, fractures of the right ankle. He was permanently and totally disabled as a result of the fall. The case settled. Back to Top.

Worker suffers quadriplegia while being transported to a job

A 40 year-old man was being transported to a job site in Onslow County along with 13 other workers in a van owned by their employer when a woman ran a stop sign, hitting the van and causing it to overturn. Plaintiff suffered a spinal fracture in the wreck and was rendered a quadriplegic. The case settled shortly before trial. Back to Top.

Hospital worker kidnapped and murdered

A hospital social worker was kidnapped from the employee parking lot, then raped and murdered by a laundry worker at the hospital. The hospital and the company that ran the hospital laundry were sued by the woman’s family. When he was hired, the murderer had a criminal history that included two recent convictions for assault on a female. Plaintiffs also contended that the worker should have been fired two months before his attack when he assaulted two female co-workers. Instead, he was sent home for the afternoon, but no further disciplinary action was taken. The case settled. Back to Top.

Worker falls through unsecured hole

A 35-year-old crane rigger helping move equipment on the penthouse of a construction project, stepped on a hole covered with sheet metal and fell through, falling the equivalent of two stories to the concrete floor below. Only one of the four screws needed to secure the cover was in place when plaintiff fell, and the covering was not properly marked to show it was a hole – both violations of OSHA regulations. The case settled. Back to Top.

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The North Carolina personal injury attorneys and wrongful death lawyers at Kirby & Holt in Raleigh represent adults and children throughout the state, including Charlotte, Greensboro, Raleigh, Durham, Chapel Hill, Winston-Salem, Asheville, Fayetteville, Wilmington.