On October 14, 2015, our client was severely injured while working as a bricklayer on the construction of the North Tower at the Barnes Jewish campus on Kingshighway in the City of St. Louis. He was performing block work on an elevator shaft. At the same time, a local concrete company was pouring concrete with a concrete pump and hose at the edge of the opening to the elevator shaft, 5.5 levels above where our client’s crew was working. A bowling-ball sized concrete glob flew out of the hose, over the edge and in to the elevator shaft, and plummeted roughly 5.5 stories before slamming into the back of our client’s head and neck. He required extensive care and treatment for his closed head injury and cervical spine injuries at multiple levels, including a disc herniation at C6-C7. He was on narcotic pain medication, and underwent multiple nerve root block procedures. He eventually underwent a cervical discectomy and fusion procedure. We settled the client’s workers compensation claim first, and extracted an agreement that he would not need to pay anything back to the workers compensation system if he pursued a civil case. We then filed a civil case with the concrete company as Defendant. After just one deposition in the civil case, counsel for the Defendant proposed mediation. We agreed to go to mediation under two conditions: (1) Agreement to waive worker’s compensation subrogation as part of any settlement, and (2) A minimum offer of $200,000.00. The Defendant agreed to both conditions. Then, after a long day of mediation, our client accepted a final settlement offer of $445,00.00 to resolve the civil case. The combined total value of the workers compensation and civil cases was in excess of $569,000.00.

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