Ballin Law Blog

As usual, the insurers for the contractors and their attorneys tried to put all the blame on Officer Shea, for getting to close to the excavator. Our response was that the risk that someone is within the “swing radius” of the excavator is the exact reason why the operator needs to make sure that no one is in the area before swinging the excavator around. We did all the work necessary to take the case to trial. Once we had demonstrated that we were fully prepared to try the case if we did not get a decent settlement offer, the contractors’ insurers agreed to go to mediation. The mediation was conducted over ZOOM, and we were able to settle the case for $305,000.