This matter stems from a construction site accident which occurred at the residential cooperative building located at 34 East 30th Street in Manhattan. The Plaintiff, 41 at the time, was working as part of an ongoing renovation in a luxury apartment occupying one floor in the building. Plaintiff and two co-workers were standing on ladders preparing to snap a chalk reference line on a ceiling beam. While the Plaintiff was involved in completing this task, he fell from the ladder he was standing on and struck his wrist and head on the floor.
The Plaintiff sustained a comminuted fracture of the distal radius bone in his dominant right wrist. He underwent open reduction and internal fixation to his wrist. The Plaintiff also suffered numerous non-displaced facial and skull fractures that did not require surgical intervention. The Plaintiff further alleged to have a traumatically induced cognitive disorder with psychological component. The Plaintiff also made a claim for future medical expenses and future lost wages, alleging that he could not return to work as a carpenter.
The Defendants argued that the Plaintiff made a full recovery from the wrist fracture and was capable of returning to work as a carpenter. Defendants also argued that the Plaintiff did not suffer any traumatically induced cognitive disorder.
The Defendants' vocational rehabilitation expert opined that the Plaintiff could return to work as a carpenter, or in a sedentary capacity earning substantially the same salary as he was earning prior to the accident.
The case settled at a mediation and was handled by partner Daniel P. O'Toole and Scott Occhiogrosso of Block O'Toole & Murphy.