Wenzel v. Boyles Galvanizing Co.,
     920 F. 2d 778 (11^th Cir. Fla. 1991).
 

Plaintiffs were working on the 135^th foot level of the Straton Energy Center. As they began to break the thin strip of metal binding a bundle of steel, it sprung open causing them both to fall and sustain serious injuries. Plaintiffs sued the architect, construction manager and others for their injuries. The jury returned a verdict in favor of plaintiffs for a combined total of approximately two million seven hundred fifty thousand. Defendants appealed.

Ms. Lippincott represented the plaintiffs on appeal. The United States Eleventh Circuit Court of Appeal affirmed the judgment, ruling that: 1) an exculpatory clause in the construction management contract was insufficient to relieve defendants from liability; 2) the issue of whether the construction manager should have required its subcontractors to use safety nets was an issue for the jury; 3) the trial court did not err in refusing to permit defendants to introduce evidence on the apportionment of damages; 4) defendants were not acting as the employer’s safety consultant so as to immunize them from suit pursuant to the workers compensation law.