A jury found a contractor and a subcontractor were not to blame for a flooring specialist’s fall from a ladder.

On Nov. 15, 2011, Michael Dempsey used a 24-foot extension ladder owned by subcontractor JAS Construction LLC. Before he reached the top, the ladder slipped, and he fell 6 feet to the concrete floor. He was rendered unconscious and suffered fractures to the right shoulder, ribs and a toe. Dempsey claimed JAS and the general contractor, Baer Construction LLC, were liable because the ladder was damaged, lacked warnings and was not properly secured.

Defense counsel claimed Dempsey was to blame because he removed a cleat screwed to the ladder’s base to prevent it from slipping because he was concerned it would damage the floor.

Case: Dempsey v. Baer Construction

Case No.: 50-2014-CA-007867-XXXX-MB

Plaintiffs attorneys: Christopher M. Caproni and William McAfee, Law Offices of Kanner & Pintaluga, Boca Raton.

Defense attorneys: Lee M. Cohen and Ian Koven, Cole, Scott & Kissane, West Palm Beach for Baer; Nicole Fluet and Michael D. Ruel, Galloway, Johnson, Tompkins, Burr & Smith, Tampa for JAS