Marielise Kelly Successfully Defends an Excavation Subcontractor at Trial.

Jury Verdict – Marielise Kelly successfully defended an excavation subcontractor at trial in connection with a construction site accident alleging negligence against defendant. Plaintiff was operating a Caterpillar 330 excavator at a construction site adjacent to an excavation that he had dug in the days prior to the accident. The excavator was found on its side in the excavation. Plaintiff alleged this was due to failure of Defendants to provide a safe work site; due to claimed violation of various OSHA regulations and due to an alleged failure to provide a spotter while the excavator was in operation. The defense contended that the accident was due to operator error and the experienced excavator operator’s failure to observe standard practices for safe operation including maintaining a safe distance from the excavation and that no spotter was required or requested by Plaintiff. Plaintiff was diagnosed with a fractured neck; underwent a failed surgical correction and suffered other permanent disability, as well as past and on-going medical bills and lost wages. Plaintiff’s wife claimed significant loss of consortium. David Carlton v. Lee Kennedy Co., Inc. and M.J. Scully & Co., Inc., C.A. No.: 1481 CV 08663 (Lowell Superior Court) consolidated with Paula Carlton v. Lee Kennedy Co., Inc. and M.J. Scully & Co., Inc., C.A. No.: 1781 CV 0040401 (Lowell Superior Court). The case was tried to a defendant’s verdict in Lowell Superior Court from April 23, 2019 through May 3, 2019 before the Honorable Josh Wall and a jury. Plaintiffs’ settlement demand prior to trial exceeded $12 million dollars.