Our client suffered a permanent back injury on a construction site when asphalt collapsed underneath him due to negligent excavating. Liability was heavily disputed. After years of litigation, we were able to establish that the defendant’s excavating activities had compromised the structural integrity of the subgrade and left a cavity in the ground which was never properly backfilled with the required cement slurry. Only a small patch of existing asphalt was left covering the top layer, which had insufficient load-carrying capabilities to prevent sinking of the asphalt layer, and ultimately (and predictably) collapsed. Once left with these bad facts, the defense quickly paid $900,000.
