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Attorneys with the Clark Law Firm argued that AJD Construction Company created the hazardous condition by using pieces of a building it was replacing as fill on the site of the 235 Grand complex in downtown Jersey City.
“This left large chunks of concrete, wood, and glass strewn about the site, including on the job access road which was used by everyone to walk around the site,” the firm wrote on its website.
In the weeks before the incident, AJD received complaints of workers tripping at the site of what would become a 45-story high-rise, Clark reported.
The Jersey Shore contactor “ignored the complaints and refused to have the road graded out to save about $2,000 on this $289 million project,” the firm wrote.
Ironworker Donald Hoiland was showing a driver where to deliver rebar in November 2017 when he stepped on a chunk of concrete that was partially embedded in the dirt and jutting out of the ground, Clark maintained.
“The rock rolled out from under him, throwing him off balance,” the firm wrote. “His body twisted and he felt a sharp pain in his lower back. His legs gave out and he fell to the ground face-first.”
The 40-something Hoiland, who was hospitalized for several days, suffered severe herniated discs in his lower back at two levels, the firm reported.
He initially underwent conservative treatment, Clark said, but he then needed decompression surgery in March of 2018.
Spinal fusion with implanted hardware – including a permanent spinal cord stimulator -- followed, the firm said.
“He now has a severe disability and has been unable to work since the incident,” Clark added. “He lost and will continue to lose substantial wages and income. He also had large claims for past and future medical bills.”
Attorneys for AJD presented medical experts who testified that Hoiland sustained no more than a minor strain and appeared to claim pre-existing conditions in his lawsuit against the company.
Other expert witnesses included an engineer who said AJD “did nothing wrong and properly managed safety on the project.”
An eight-member jury split equally among men and women found AJD Construction 80% at fault and Hoiland 20% liable, Clark reported.
Jurors awarded him $1,078,509 for past and future medical expenses, $1,066,659 for past and future lost wages and $2,640,000 for past and future pain, suffering, disability and loss of enjoyment of life, the firm said.
The jurors also awarded $528,000 to Hoiland's wife for spousal loss.
“We are pleased with the result obtained, which is rather modest given the trial proofs,” said Gerald H. Clark, the worker’s lead counsel.
“I’m glad we were able to obtain a jury verdict to compensate Don for everything he and his family have suffered and will continue to suffer,” added co-counsel Lazaro Berenguer.
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