Madden v. F.H. Paschen/S.N. Nielson, Inc.

Plaintiff Michael Madden, a maintenance worker employed at Amos Alonzo Stagg High School (Stagg High School), was setting up a projection screen on the stage of the school’s theater when he stepped backwards and accidentally fell into the theater’s uncovered orchestra pit. He alleged that the resulting nine-foot drop caused him severe injuries that left him permanently disabled.

For the previous four years, the Stagg High School theater had been under construction. Although, at the time of Madden’s accident, the school had been issued a temporary occupancy permit for use of the premises, work…