$4,200,000 for Victim of Fall from Defective Ladder

Union Plasterer Suffered Low Back Injuries

Court and County

Supreme Court, New York County

Accident Description

Plaintiff was injured when he fell from an A-frame ladder when a rung on the ladder broke free as plaintiff was descending after applying waterproofing material to structural I beams in the high rise building's basement. Plaintiff fell several feet to the concrete floor, landing on the small of his back. We filed a motion for summary judgment and won, arguing that, defendants building owner and general contractor violated Labor Law § 240(1) in failing to ensure that Plaintiff with a safe and appropriate elevation device for the work he was performing.

Injury Summary

As a result of this accident, Plaintiff suffered multiple traumatically herniated lumbar discs. Plaintiff underwent extensive conservative treatment, including physical therapy and prescription pain medications. When Plaintiff's condition did not improve, he underwent a two level lumbar fusion surgery with implantation of permanent surgical hardware. We made a claim for future medical expenses as well as lost earnings.

Block O'Toole & Murphy succeeded in convincing the insurance companies to pay a settlement of $4,200,000 to avoid a trial.

Handling Attorneys

The case was handled by Daniel P. O'Toole and Scott Occhiogrosso