COURT AND COUNTY
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was a 35 year-old construction worker.
DESCRIPTION OF CASE
Plaintiff was a laborer working on a project that involved replacing the roof of a 2-story commercial building with a slanted shingle roof. While installing new shingle, Plaintiff was working on the roof and near the edge of the building. He was completely unsecured. Plaintiff slipped and fell off the roof, landing on the ground 25 feet below. The owner of the building and general contractor for the roofing project were sued.
Defendants argued that Plaintiff was the cause of the incident because he was provided a rope with which to tie himself off to the roof. Defendants pointed to evidence that Plaintiff was in fact using the rope earlier on the day of the incident, and chose to remove shortly before the incident.
Plaintiff sustained fractures to his left humerus and radial head requiring open reduction and internal fixation surgery. Plaintiff also suffered fractures to his pubic ramus, acetabulum and sacral ala.
Defendants argued that the value of Plaintiff's case should be reduced because of the case's venue in Rockland County. Defendants also pointed to Plaintiff's multiple DWI convictions, one of which involved an automobile collision shortly after the incident in which Plaintiff was injured. Defendants further argued that any future medical costs attributable to the incident should be reduced to their value in Plaintiff's country of origin.
This case was handled by David L. Scher, Esq. (lead) and Stephen J. Murphy, Esq.