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At the time of the fall, the Plaintiff was apparently beginning to descend from the top (3rd) level of the scaffold. While transitioning from the top platform onto the ladder that was built into the scaffold frame, the Plaintiff attempted to utilize the midrail as a hand hold, when the midraild gave way. Plaintiff lost his balance and fell to the ground level below.

The Plaintiff was an employee (Laborer) for the General Contractor. The General Contractor owned the subject scaffold members, and had employees of the General Contractor erect the subject scaffold. While the General Contractor had a full time Safety Officer, who was designated as a Competent Person for scaffold erection, that Safety Officer was not aware of the erection/modification of the subject scaffold up to the 3rd level. Plaintiff was alleging that the Project Owner was responsible for the safety of the subject scaffold, based on the argument that the Project Owner had the responsibility for Safety throughout the entire construction project.

WEXCO's Construction Accident Analysis Team was retained as the Safety & Construction Expert relative to evaluation of the safety of the subject scaffolding regarding conformance with applicable Codes, Regulations, and industry standards. WEXCO also served as the Expert for analysis relative to the roles and responsibilities of the General Contractor and the Project Owner in comparison with contractual obligations and the standards within the industry, as well as the Plaintiff relative to safe worker conduct.

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Dr. Stephen C. Wexler: 40 years experience in construction, construction management, safety and related. Unusual combination of safety engineering and construction and civil engineering permits separate areas within construction, safety, and premises liability. 6 years Instructor at UCLA Evening Extension in Engineering & Construction Management, and 4 years US Navy Seabees Instructor for Construction Management - Port Hueneme, CA and Gulfport, Mississippi.

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