United Scaffolding, Inc. v. James Levine

James Levine was injured while working at his employer’s refinery when he:fell through the platform of a scaffold. According to Levine, a piece of plywood that should have been nailed into the. platform but was not slid out from under him, causing him to fall through the resulting hole. As a. result of this so-called “slip-and-fall,” *484ante at 472-73, Levine strained his neck. A jury awarded him nearly $2 million. That’s a lot of money for a neck strain.1 But the defendant—United Scaffolding, Inc. (USI)—does not merely complain about the amount of damages. Instead, USI argues that Levine cannot…