$3,100,000 FOR A LABORER WHO FELL FROM A WOBBLY LADDER INJURING HIS LOWER BACK

Description of case

Plaintiff, a 29 year old resident alien originally from Estonia, was injured while installing a security camera in an elevator of a newly constructed Manhattan hi-rise. Plaintiff was standing on an A-frame ladder using a drill above his head to install the camera into the elevator ceiling. The ladder began to wobble and plaintiff was caused to fall approximately 3-4 feet, landing on his back. Plaintiff brought suit against the building owner and after discovery was completed, moved for summary judgment on liability under New York's Labor Law Section 240. Defendant argued that there was no proof that the ladder in question was defective or failed to offer proper protection. The court granted Plaintiff's motion.

Damages

Plaintiff was treated and released from the emergency room and instructed that he was capable of returning to work without restriction. When Plaintiff's lower back pain persisted he sought further medical treatment and was ultimately diagnosed with a herniated lumbar disc that was treated with fusion surgery and implantation of permanent operative hardware. Plaintiff continued to suffer severe low back pain, remained unable to return to work and continues to require a cane for ambulation.

Settlement

Several weeks after a private mediation, the parties agreed to a settlement in the amount of $3,100,000. This case was handled by Partner Daniel P. O'Toole and Associate Scott Occhiogrosso.