Bolden-Johnson v. Agate Construction

$10.5M Settlement

Date of Settlement: Jan. 15.

Court and Case No.: C.P. Philadelphia No. 180102228.

Judge: Dennis P. Cohen.

Type of Action: Wrongful death.

Injuries: Death.

Plaintiffs Counsel: Brian Fritz, Fritz & Bianculli, Philadelphia.

Defense Counsel: John Donovan, Wilson Elser Moskowitz Edelman & Dicker, Philadelphia.

Comment:

A lawsuit filed by the estate of a man who was killed in a fall at a Philadelphia pier rehabilitation project has settled its case for $10.5 million, lawyers for the family announced.

The agreement between Kimberly Bolden-Johnson, administratrix of the estate of John "Jay" Johnson, and Agate Construction Co. settles claims that alleged recklessness on the defendant's part caused Johnson to fall through a hole in the pier and into the Delaware River in January 2016.

"Jay was a good man," said Bolden-Johnson's lawyer, Brian Fritz of Fritz & Bianculli in Philadelphia. "He and every worker deserve a safe work site. This accident could have and should have been prevented. The defendant has a history of allowing poor and unsafe working conditions that have led to other workers being put in harm's way."

He continued, "We have to put an end to government contracts being blindly handed out to the lowest bidder. The well-being of the workforce has to be the top priority. Those awarding contracts should investigate these companies better to ensure the safety of all involved."

John Donovan of Wilson Elser Moskowitz Edelman & Dicker represents Agate and did not respond to requests for comment.

In the plaintiff's pretrial memorandum, Bolden-Johnson pointed out an alleged history of safety incidents at Agate work sites including the loss of one worker's hand in 2012 as well as the death of a driver at another project in 2013.

Bolden-Johnson alleged the defendant did not make conditions safer at the site her husband worked on, despite a history of accidents.

"At night, the pier was dark and difficult to navigate. The pier's walking surface was a minefield of dangers," court papers said. "Defendants had cut gaping holes into the walking surface of the pier. Each cavernous hole led precipitously to the waters of Delaware River below. Yet, in reckless disregard to worker safety, defendants did not cover the holes or protect the holes in any way. Instead, defendants left the holes to sit, uncovered/unprotected, for weeks."

Agate, in its pretrial memorandum, claimed Johnson was not wearing the necessary safety gear when he fell through the hole.

"While his co-workers were on a break, Mr. Johnson, without wearing the required fall protection harness, fell into the Delaware River and Drowned," defense papers said.

Agate also claimed it was immune from liability because Johnson worked for Agate's subcontractor.

—P.J. D'Annunzio, of the Law Weekly