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Man to Receive $18 Million in Manhole Fall Case
February 27, 2008

An open manhole in Philadelphia almost caused Marcus Gustaffson's death in 2004. The then 26-year-old medical student was lucky to get away with a broken back after the 18-foot free fall. Finally, a settlement has been reached under which Marcus will receive $18 million for his pain and suffering from Trigen-Philadelphia Energy Corporation.

The incident occurred in 2004 when Marcus, a brilliant student and graduate of Germantown Friends School and Brown University, was studying for both his medical degree and a doctorate in molecular biology. On the day of the fateful incident, a manhole cover had been left open at 19^th and Walnut streets. Marcus was unfortunate enough to plunge more than 18 feet below. In the trauma that followed, Marcus suffered spinal injuries. The incident cost the brilliant student dearly. He began to suffer pain if he had to remain standing for long periods of time. He was able to complete his doctorate in molecular biology but could not compete his medical education.

It was later revealed that a homeless man had pried open the cover. And therein lay the company's fault. It was found that Trigen knew about homeless men taking off with manhole covers as a problem long before Marcus was an unlucky victim. The company's callousness has been appalling. They were quite aware that their manhole covers were disappearing, and they were content to let things lie as they were. There were no efforts to design secure manhole covers that would not be ripped open.

Since Marcus' accident and all the publicity that it generated, Trigen has begun to weld covers shut, but it's been too late for Marcus.

For the level of callousness and irresponsibility they showed, Trigen got away with an easy settlement. In order to guarantee that he received fair compensation, Marcus entered into a high-low deal with the company. Under the deal, no matter what the verdict of the jury, the company agreed to pay Marcus a minimum of $1 million. On his part, Marcus agreed to cap his settlement amount at $18 million. The company also agreed not to appeal the verdict. The amount the jury actually came back with? A whopping $85 million. If not for the high low deal, Marcus would have received a settlement more than 4 times as much as he has now.

While a $85 million settlement would definitely have given Trigen Philadelphia something to think about, a sum of $18 million will be enough to secure Marcus' future. The young man has already had so many of his dreams shattered because a company responsible for the city's underground steam system failed in its responsibility.

A welcome effect of the case has been that the company now uses 250-pound super-secure manhole covers that can only be removed using special tools, so they are now safe from removal by vagrants.

If you have been injured in a fall due to the neglect of the owner of the property, you need help from an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

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