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Negligence – Construction Site – Closed Head Injury
Closed head injury
The plaintiff was injured at a construction site when she struck her head on a wooden plank which was suspended approximately 5 1/2 feet above the floor. The plank was used as scaffolding by the defendant’s employees to install a skylight. She struck her forehead but continued to work for the following two months. She complained of headaches and ultimately was diagnosed with post-concussion syndrome and discontinued working.
The defendant claimed its placement of the plank was proper and necessary to the installation of the skylight, that the plaintiff failed to exercise care for her own safety and vigorously denied that the plaintiff had sustained any head injury or that this injury had any impact on her cognitive functioning. Although there were no objective diagnostic findings, the plaintiff relied on the testimony of various experts, including neuropsychologists and a psychiatrist, to establish the plaintiff’s cognitive, perceptual and physical impairments.