A Fort Lauderdale resident has filed a lawsuit seeking damages exceeding $50,000 after suffering severe injuries from a fall at a construction site. Earl Dean Payne initiated the legal action against Florida Metal Fabricators Inc. and Chang Construction Consulting, LLC in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on September 10, 2025.
The complaint details an incident that occurred on January 29, 2024, when Payne was lawfully present at a construction site located at 2001 S. Dixie Highway in West Palm Beach. According to the lawsuit, Payne fell down a set of stairs under construction due to the absence of necessary safety features such as handrails or guardrails. The stairs had metal risers covered with plywood for future concrete pouring. As Payne descended the stairs, his boot caught on protruding metal from the top stair riser, causing him to fall and sustain serious injuries.
Payne’s attorney, Jonathan I. Rotstein of Rotstein & Shiffman LLP, argues that both defendants failed to adhere to safety regulations and building codes designed to prevent such accidents. Specifically, Florida Metal Fabricators Inc., responsible for metal work on-site, is accused of not installing temporary or permanent handrails and guardrails as required by International Building Code (IBC) guidelines and Occupational Safety and Health Administration (OSHA) standards.
Chang Construction Consulting LLC, serving as the general contractor for the project, is alleged to have engaged in poor project management and oversight. The complaint asserts that Chang Construction failed to ensure compliance with safety protocols by subcontractors like Florida Metal Fabricators Inc., thereby contributing to Payne’s accident.
The lawsuit accuses both defendants of negligence resulting in Payne’s physical pain and suffering, mental anguish, loss of enjoyment of life, diminished earning capacity, and mounting medical expenses. Payne seeks compensatory damages exceeding $50,000 from each defendant along with court costs and a jury trial.
Representing Earl Dean Payne is attorney Jonathan I. Rotstein from the Law Office of Rotstein & Shiffman LLP based in Daytona Beach. The case is identified under Case Number: 502025CA009194XXXAMB Div: AO within the jurisdiction of Judge [Name not provided].
Source: 502025CA009194XXXAMB_Earl_Dean_Payne_v_Florida_Metal_Complaint_Palm_Beach_Florida.pdf
