Jury rejects alleged OSHA violations

Defense verdict

Action: Negligence and tort

Injuries alleged: Broken foot requiring two surgeries and permanent injury

Case name: Armando Rincon Santana v. Exeter Building Company LLC

Court/case no.: Wake County Superior Court, No. 21 CVS 724

Judge: Hon. Vincent Rozier

Amount: $0

Demand: $350,000

Highest offer: $5,000

Date: May 2, 2025

Most helpful expert: George Barbour, engineer/general contractor in Wilmington

Attorneys: Katherine and Francisco Bricio of The Bricio Law Firm in Cary (for the plaintiff) and Jodee Sparkman Larcade of Sparkman Larcade in Raleigh (for the defense)

The plaintiff, an employee of a licensed subcontractor, alleged that Exeter Building Co., as general contractor, was negligent for breaching its non-delegable duty as it relates to providing a safe work environment and specifically violated OSHA regarding missing safety railings on a stairway in an active construction site.

The defense called George Barbour, who opined that Exeter complied with industry standards and OSHA, and that if there were any alleged OSHA violations, they were caused by the plaintiff’s employer. The defense alleged contributory negligence for the plaintiff’s failure to comply with safety rules imposed by his employer.

The jury found no negligence on the part of Exeter.