San Francisco, CA commercial litigation attorney Edward Hugo talks about a memorable person injury case in which he successfully defended a general contractor. He recalls trying one particularly memorable case to verdict: McKenzie v. Icom, a personal injury matter arising on a construction site. The plaintiff, Mr. McKenzie—known as “Big Mac” due to his large stature—was on a second-floor balcony attempting to reassemble part of the building when a power screw gun struck him in the head, causing him to fall two stories and land on his head. His injuries were so severe that hospital staff initially placed a toe tag on him, presuming he had died, yet he ultimately survived and became the plaintiff.

Mr. McKenzie sued his client, alleging that as the general contractor, they owed him a duty of care that was breached. The jury, however, concluded that Mr. McKenzie should not have been on the balcony with the screw gun that struck him. The jury’s decision resulted in a complete defense verdict for his client.