Wrongful death of a window washer - $7.25 million Judgment
James et al. v. Quality Window Cleaning, Inc. - $7.25 million Judgment
On July 20, 2000, the Decedent Leslie James died on the first day in his first hour of work for Defendant Quality Window Cleaning, Inc. Decedent fell from a high-rise building, Research Medical Center, while washing windows for his Defendant employer Quality Window Cleaning, Inc. The evening before his death, Decedent was hired as a temporary worker by the Defendant.
The Decedent was hired without an interview or filling out an employment application and did not receive any training whatsoever in high rise window washing before he arrived for work on the morning of July 20, 2000. Defendant window washing company hired and authorized the Decedent as a temporary roller man, provided unsafe equipment to the Decedent, and failed to train the Decedent in any manner as to safety procedures and fall protection systems.
Previously in 1996, another window washer employee of Defendant Quality Window Cleaning, Inc. fell to his death while washing windows for the Defendant. As a result of the previous death, Defendant agreed with OSHA to provide for the safety training of all employees of Defendant, but clearly failed to follow through with this agreement in the case of Decedent. Defendant never provided Leslie James with any training whatsoever in window washing.
On July 15, 2002, Decedent's spouse and minor children filed a civil lawsuit against the Defendant window washing company for the wrongful death of Decedent Leslie James. Dempsey and Kingsland, P.C. alleged in the lawsuit that decedent's death resulted from the negligence and misfeasance of Defendant thereby providing recovery outside of the workers' compensation laws through the "something more" doctrine. Judge Atwell determined that the something more doctrine did in fact apply to the facts of this case and that the Defendant "affirmatively caused and increased the risk of injury" and therefore the Defendant was not entitled to tort immunity liability by virtue of the workers' compensation laws. Lawyers active in preparation of the case were Leland Dempsey. $7.25 Million Judgment.