$3,000,000 Settlement for Construction Site Fall; Union Carpenter Suffered Knee and Shoulder Injuries

Court and County

Supreme Court, Bronx County

Accident Description

Plaintiff was injured when he tripped on wires that were on top of a partially installed computer floor and fell two feet to the concrete deck below. At the time plaintiff was carrying several lengths of pipe to be installed as reinforcement of a freight ramp leading from the exterior of the partially completed new construction of a high rise Manhattan tower. According to Plaintiff, there was no tape, cones or sign warning of the opening in the computer floor or of data cables lying on the partial raised floor. Defendants filed a motion to dismiss the case, arguing that proper procedure was followed and the data cables were necessary to the ongoing work. We successfully opposed the defendants motion, preserving our right at trial to argue that the owner and general contractor on the site violated Labor Law § 241(6).

Injury Summary

As a result of the accident, Plaintiff sustained soft tissue injuries to both of his knees and both of his shoulders. Plaintiff underwent extensive conservative medical management, including physical therapy, prescription pain medications and injection therapy. However, when Plaintiff’s injuries did not resolve he was forced to undergo numerous surgical procedures, including bilateral total knee replacements and bilateral arthroscopic shoulder surgeries. Plaintiff made claims for future medical care expenses as well as lost earnings.

Block O’Toole & Murphy convinced the insurance companies to pay a $3,000,000 settlement to avoid a trial.

Handling Attorneys

This case was handled by Daniel P. O’Toole and Scott Occhiogrosso