A 42-year-old construction worker was walking along a 2-foot wide foundation wall carrying materials to the back of a construction site when he lost his balance and fell through an unguarded opening. He fell approximately 15 feet striking his head. The worker was not provided with personal fall protection equipment. Defendants argued that the worker could have used a ladder to access the basement to reach the back of the property and thus, was the sole proximate cause of his accident. The worker was unconscious when emergency medical technicians arrived and died within an hour of the accident. He was survived by his wife and three minor children. The case settled at a mediation for $3,800,000.00.