Plaintiff was a key grip working on a film production that took place on the rooftop of Defendant's building.  While working on the rooftop he fell over 20 feet to the ground, shattering his right leg, elbow and left ankle.  As a result of his injuries Plaintiff underwent multiple surgeries, including bone graft and surgical instrumentation installation.  Because of the accident, Plaintiff was unable to return to work as a key grip and lost a job worth over $100,000 per yer in wages and union benefits.  He also suffered from permanent residual damage from his physical injuries.  Defendant did not dispute Plaintiff's injuries, but denied that Plaintiff could not return to work, and further claimed that Plaintiff's need for future medical care was overstated.

Plaintiff claimed the roof violated building code standards requiring handrails and fall protection.  Defendant claimed it was in compliance and offered pictures showing the safety devices in place. As a result, Defendant maintained that Plaintiff was negligent in that he simply fell.  Defendant further contended that if the safety devices were not in place, then Plaintiff was comparatively at fault as the danger was open and obvious.

Through the course of litigation, Plaintiff established that the photographs were actually taken after the incident.  As such, the safety devices purportedly in place were not present at the time he fell.  Worse still, Plaintiff amply demonstrated that Defendant was also guilty of creating false evidence to avoid liability.  After exposing Defendant's nerfarious attempt at avoiding liability, the case settled.