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Taunton Today
By the People, for the People
Emerson College Sued Over Fatal Construction Worker Fall
Wrongful death lawsuit seeks $1 million in damages after 2024 incident at Cutler Majestic Theatre
Apr. 9, 2026 at 12:09am
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A tragic construction accident at Emerson College's Cutler Majestic Theatre exposes lapses in worker safety protocols.Taunton TodayA wrongful death lawsuit was filed against Emerson College in March 2026, alleging the college's negligence led to the fatal fall of a construction worker at the Cutler Majestic Theatre in 2024. The lawsuit, seeking $1 million in damages, claims Emerson failed to provide a safe job site and is liable for the death of 43-year-old Barry Medeiros.
Why it matters
This case highlights the legal and safety responsibilities of colleges and universities when overseeing major construction projects. It also raises questions about the role of general contractors in ensuring worker safety, even when subcontractors are involved.
The details
According to court documents, Medeiros, a construction worker from Taunton, Massachusetts, fell to his death on August 9, 2024 while working on scaffolding at the Cutler Majestic Theatre, which Emerson College had contracted for renovations. The lawsuit alleges Emerson, as the entity in control of the project's safety, failed to provide a reasonably safe job site, leading to Medeiros' death.
- The fatal incident occurred on August 9, 2024.
- The wrongful death lawsuit was filed against Emerson College in March 2026.
- OSHA cited the construction company, NER, with violations and $115,221 in penalties in January 2025 for safety failures related to Medeiros' death.
The players
Emerson College
The college that contracted the construction work on the Cutler Majestic Theatre and is being sued for wrongful death and negligence.
Barry Medeiros
A 43-year-old construction worker from Taunton, Massachusetts who fell to his death from scaffolding at the Cutler Majestic Theatre in 2024.
NER Construction Management
The construction company that employed Medeiros and was cited by OSHA for safety violations related to his death.
What they’re saying
“Emerson College extends our deepest sympathies to the loved ones of this person and our heartfelt support to anyone who may have witnessed this tragedy. We are still learning more about what occurred, and are in open, ongoing contact with city authorities.”
— Jay Bernhardt, Emerson College President
What’s next
The wrongful death lawsuit is expected to take between two and four years to resolve, with the discovery phase lasting over a year as both sides collect evidence and testimonies.
The takeaway
This case highlights the legal responsibilities and safety obligations colleges and universities face when overseeing major construction projects, as well as the role of general contractors in ensuring worker safety, even when subcontractors are involved.
