Edwin “Skip” White, of Edgecomb, was awarded $500,000 in damages on May 20 in Lincoln County Superior Court for serious injuries sustained while working for Groton Construction.

The original award was for $800,000, but the jury found White should bear some responsibility for the injuries to his head, face, knees and shoulder.

The injuries occurred at an East Boothbay job site in February of 2010. “I was working at the site, standing on a stepladder on an elevated porch (with a nine-foot drop) and leaned against a temporary safety railing made of a two-by-four," White said in an email.

White worked for Neal Groton, owner of the construction company based in Boothbay Harbor, for four years, 2006-2010.

White's attorney, Jeffrey Cohen of the Topsham firm McTeague and Higbee described Groton's company as having a “culture of carelessness.”

Cohen said White had never worked in construction prior to being hired by Groton in 2006.

Groton provided workers with Baker Scaffolding, according to comments made during the trial by Groton's attorney, Kenneth Pierce of the Portland firm Monaghan Leahy.

“Mr. Groton's mantra for subcontractors was to use the Baker Scaffolding because it was more stable and provided better support. He was always telling the guys to watch out for themselves and to be cautious,” Pierce said in a telephone interview May 21. “Groton was working right around the corner from Mr. White that day; did he see White?

“He doesn't remember, but there was another worker 10 feet from White that was using the scaffolding and he didn't fall,” Pierce said.

Cohen said the final piece of incriminating evidence was a binder of some 200-300 photographs taken by Groton at the construction site for his portfolio. There were some shots of Baker Scaffolding, but all were without railing or other safety equipment such as harnesses or netting.

“These pictures showed workers exposed to shockingly unsafe conditions which were standard with Groton,” Cohen said. “Two subcontractors who had worked with Groton said safety railings were never used during the jobs they worked on.”

The defense's expert testimony was from a former OSHA (Occupational Safety and Health Administration) inspector, now a consultant for the construction safety industry, with 40 years of experience.

“He testified that even if Baker Scaffolding had been rigged up, it would not have adequately protected Mr. White,” Cohen said. “And that was a main point.”

“It was a hard case and it was disappointing,” Pierce said. “The case came down to White's inexperience prior to working for Groton and unsubstantial safety precautions. We really disagreed with Mr. Cohen's 'culture of carelessness.' We are assessing an appeal now.”

Pierce said luckily Groton had insurance and that he and his client were working with the company regarding the half a million dollar award.

“The business doesn't have any assets,” Pierce said. “If the insurance will not cover it, the company is a corporation and the award is against the company, not Mr. Groton personally.”

White has had four major surgeries and spent two years recuperating from them. His attorney says he is now permanently disabled and physically unable to perform heavy construction work again. Cohen said White is currently working two jobs, but earning half of what he did while employed by Groton.

In an email to the Boothbay Register, White stressed the importance of safety in the construction industry. “While this case specifically dealt with my injuries sustained while working with Groton Construction, I think the more important message is to the construction industry in Maine in general – that if you ignore your safety obligations to your workers and someone is seriously hurt as a result, you will suffer the consequences.

“Actions speak louder than words,” White wrote. “Saying 'be safe guys' is not the same as actually running a safe job site. There are rules and regulations out there for a reason.”