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A Hayward Lumber employee
was sliding plywood sheets from the top of a 12 foot tall stack and passing
them to Mr. Brennan. Mr. Brennan was then turning and placing the plywood
into the bed of his pickup. While Mr. Brennan’s back was to the employee,
he slid a sheet of plywood that struck Mr. Brennan in the neck. WCP&A
reconstructed this accident and demonstrated that the falling plywood had the
orientation and momentum to break three cervical spinal processes and defeated
Hayward Lumber’s claim that the fractures were an existing condition caused by
excessive force during shoveling by Mr. Brennan.
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