$1,350,000 Settlement For A Brooklyn Laborer Who Injured His Back

Court

Supreme Court, Kings County

Accident Description

Our client was a laborer working on a project to demolish an old commercial boiler on a university campus. While cutting at the bottom of the boiler, a co-worker of our client mistakenly cut through a support above, causing the boiler to shift and drop approximately two feet. The boiler struck our client’s lower back, and pinned him for a few minutes in a small space between the boiler and the floor. We established during discovery that the boiler had not been properly secured, and we brought claims against the project’s general contractor pursuant to New York Labor Law Section 240(1).

Injuries

Our client’s low back pain was not relieved by physical therapy or multiple epidural injections. After multiple consults, he elected to undergo a one-level lumbar fusion surgery at the L5/S1 level. Fortunately, our client, a young man in his early twenties, made a wonderful recovery. Within a year after his surgery, he was able to work, run half-marathons and participate in competitive softball games. Despite this, we claimed that our client had suffered a great deal, and that he would unfortunately encounter future issues and necessary medical treatments as he continued to age.

Settlement

Prior to trial and during a mediation, this case settled for $1,350,000.

Handling Attorneys

This case was handled by firm Partners Stephen J. Murphy and David L. Scher.