$625,000
Stewart Casper handled a case against the Mulligan Architecture firm, which contracted with a national chain of stores to design the remodeling of its new store in Stamford, CT. The pre-existing commercial space was equipped with a conveyor belt to move merchandise from the first to the second floor. The new architectural plan reconfigured the space from an entirely open workspace to a narrow work area, leaving inadequate room for employees to gain access to the top of the conveyor when parcels became stuck. Further, the architect failed to comply with Connecticut Building Code requirements for a continuous pressure switch, adequate access to the machinery, an emergency stop mechanism, and adequate guarding. Chris Cleaver, the assistant store manager, was alone in the receiving room and was using the conveyor to move the product to the second floor. When a parcel became stuck at the top of the conveyor, Cleaver attempted to dislodge it but his shirt became entangled in the conveyor, and he was dragged into the space between the moving belt and the rollers. The conveyor belt ran against his lower abdomen for thirty minutes before he was rescued. The friction caused a full-thickness friction burn over 9% of his body, requiring two skin graft procedures and leaving a significant scar that is concealed by his clothing. The architect and the general contractor were each sued for failing to comply with the applicable building code. The defense claimed that Cleaver was guilty of contributory negligence for failing to stop the conveyor before attempting to dislodge the parcel.
