$1,975,000 Settlement For A Construction Laborer Who Fell During A Warehouse Renovation Project In Brooklyn

COURT AND COUNTY

Supreme Court, Queens County

LIABILITY

Our client was a 35 year old laborer, working with his company to renovate a warehouse in Brooklyn that was being converted into a coffee shop for a new tenant. He was working from an unsecured wooden beam, about 10 feet above the floor, while trying to pull up a large sheet of metal decking. We claimed that he was provided no fall protection equipment or devices. He lost his balance and fell to the floor below. Our lawsuit claimed that the Defendant owner and tenant of the property violated their obligations under New York State Labor Law Section 240(1) by failing to provide proper fall protection, such as a properly secured elevated platform and/or an anchored safety harness.

INJURIES

Our client suffered a laceration to his forehead which required stitches. He also injured his lower back, right shoulder and left big toe. He attempted physical therapy, but ultimately underwent surgeries to all three body parts. The back surgery consisted of a partial discectomy (no fusion), the shoulder surgery was an arthroscopy in which his torn rotator cuff was repaired and a painful bone spur was removed from his left big toe. The client had not yet returned to work at the time of the settlement, and claimed to be disabled from employment. The defense argued that the client had degenerative damage to all affected body parts prior to this accident as revealed by diagnostic studies and that, in any event, he had made a good recovery after his surgeries. The defense also contended that our client was not disabled from employment.

SETTLEMENT

This case settled several months prior to trial, and following a private mediation, for $1,975,000.

HANDLING ATTORNEYS

Partners Stephen J. Murphy and David L. Scher.