The accident occurred at a fruit warehouse located in the Bronx. Plaintiff's employer, Anep Refrigeration was hired to install a new refrigeration unit on the roof of the premises. In order to do so, they had to install the unit and cut out a hole in roof in order to connect the pipes into the interior. Plaintiff was instructed to bring an air pump up to his boss on the roof. The only way to access the roof was via a twenty two foot extension ladder. Plaintiff had climbed nearly to the top of the ladder, with the air pump on his shoulder, when the ladder tipped to the left, causing him to fall. The ladder tipped and wound up leaning against an adjacent building. Plaintiff fell to the sidewalk below, landing on his right side and hitting his head on the tire of a parked truck.
Plaintiff moved for summary judgement pursuant to Labor Law § 240(1), alleging that the Defendants violated the Labor Law by not properly securing the aforementioned ladder and not having someone hold the ladder while Plaintiff ascended.
The judge granted Plaintiff's motion for summary judgement as to Labor Law § 240(1), agreeing with the Plaintiff that the Defendants failed to properly secure the subject ladder.
At the time of his accident, Plaintiff was a 29 year old refrigeration apprentice. He was being paid in cash at the time and would not have presented a loss of earnings claim.
Plaintiff was taken to St. Barnabas Hospital via ambulance. He complained of back pain and right wrist pain. Eventually, the Plaintiff was required to undergo a right shoulder arthroscopy to repair a superior labral tear and an anterior capsulolabral tear. He also had a right wrist de Quervain's release performed on his right wrist, an arthroscopy to his right wrist to repair a triangular fibrocartilage tear as well as a right elbow cubital tunnel release. Plaintiff also had a lumbar MRI performed which revealed left foraminal disc herniation at L2-3 impinging the exiting L2 root as well as disc bulges L3/4 through L5-S1. This pathology was identical to the pathology he had claimed in a motor vehicle accident which occurred two years prior to the subject accident.
The case settled for $1,250,000 after mediation. The case was handled by Daniel O'Toole & Nick Gjelaj of Block O'Toole & Murphy.