Dale Rutter was working at the Penn National Race Course in Grantville, Dauphin County, for a company installing concrete footings and a foundation. While crossing the top of a wall, which had pieces of uncapped, concrete-reinforcing rebar steel protruding from it, Mr. Rutter slipped and fell on the rebar, which penetrated through his rectum and internal organs. He sustained permanent injuries to his colon, rectum, sphincter, and buttocks, which required multiple surgical procedures, and left him largely incontinent.
In a lawsuit brought on Mr. Rutter’s behalf, attorneys Alan M. Feldman and Daniel J. Mann argued that the Penn National general contractor, Frank Ferrara and Sons, failed to cap the rebar with protective pieces of plastic in order to protect workers in the event of a fall. The plaintiff argued that this was a violation of OSHA regulations requiring that reinforcement rebar steel be guarded to prevent impalement injuries.
The case settled before trial for $3 million, representing the insurance policy limits of the defendant general contractor.