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A Middletown Jury awarded a construction worker $3,450,000.00 on Monday afternoon, May 9, at 4:30 p.m. On October 30, 1998 at the Willimantic Plaza Shopping Center, where a BJ’s store was under construction, Richard Archambault of Montville, CT, age 44, while in the course of his employment, was operating an excavator when a portion of a trench nearby collapsed, burying James Dowd, a co-worker of Richard. Richard rushed to the aid of said co-worker and attempted to free him. While attempting to rescue Mr. Dowd, another portion of the trench collapsed, completely burying Richard and another co-worker, Dubie Sowell, resulting in severe injuries.
Attorney Robert I. Reardon, Jr., of The Reardon Law Firm, P.C. of New London, brought a lawsuit against Konover Construction Company, the General Contractor on the job, alleging that the October 30, 1998 accident was due to Konover’s negligent conduct in failing to enforce its own safety requirements during the excavation.
Archambault went through seven surgeries and years of therapy, but was never able to return to work as a construction worker. It has been determined that he is permanently disabled from any manual labor.
After a four-week trial, the jury deliberated for two days before returning a verdict of $1.55 million in economic damages and $1.9 million in non-economic damages, for a verdict of $3.45 million dollars. Mr. Archambault is also entitled to interest on the award of an additional $2.3 million for a total award of $5.8 million. The jury found that Konover Construction Company was 100% responsible for the cave-in and that all damages claimed by Richard Archambault were attributable to the accident.
Dubie Sowell, age 37 of Montville, suffered serious head injuries in the cave-in. He was represented by attorney Gerald Sack of Hartford at trial and the jury awarded him $2.83 million for his injuries and damages.
Reardon stated: “Rich Archambault is satisfied that this jury finally allowed him the justice he has been waiting for over the last nearly seven years. While the award is substantial, it is fair as it will provide for Rich for the rest of his life.
Konover refused to settle and I am pleased the jury sent a message that general contractors are required to follow safe procedures on construction sites.”
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