Nancy W., a real estate salesperson, was inspecting a private home one evening in early summer. The house was a corner property in suburban New Jersey. The owners failed to tell the salesperson that a trench had been dug across the sidewalk next to the house. When Ms. W. went outside to inspect the exterior, she fell into the uncovered, unlit, unmarked trench and was severely injured. We sued both the homeowners and the construction company that dug the ditch when they refused to offer one penny to our injured client. The construction company claimed they had placed sawhorses with flashing lights next to the opening. The owners said they had called our client to warn her of the danger.

At trial, Mr. Hamilton had Ms. W produce her old appointment book, which contained a note to the effect that the homeowners' phone had been shut off. In cross examination, Mr. Hamilton got the construction company owner to admit that the lights on the sawhorses were battery operated, and that when a battery died, he put the sawhorse with the dead battery on the sidewalk. The sawhorses with live batteries were used in the street to warn drivers to avoid the dirt from the excavation, which had been piled in the street.

The jury found both the contractor and the homeowners equally negligent, and the case settled for a very substantial sum the next day.

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