Jonkey

A construction site can be a dangerous place. There are some people who are keenly aware of this danger—construction workers. Seasoned and mature construction workers who have risen to the top of this industry and who are supervisors, managers, and owners are not only keenly aware of the dangers, they also teach and are responsible for construction safety. They may also suffer financially for injuries occurring at a construction site. This, of course, provides an extra incentive to be safety conscious. Here, it is ironic that Eric Jonkey (appellant), a seasoned and mature construction worker who had risen in the industry to a position of management and ownership, could be injured in the way we shall describe. Of all people at a construction site, appellant was and is chargeable with caring for his own safety. That he was walking near scaffolding which was being disassembled at a construction site looking down absorbed in a cell phone conversation is tantamount to strolling on a battlefield wearing “horse blinders” and earplugs. While we regret that he was injured, he should be grateful that he wasn’t killed.

Appellant’s foot was badly injured at a construction site when…