Labor Law — Fall from Height
Mediated Settlement: $4,995,000
Court Bronx Supreme
Judge Stanley B. Green
Facts & Allegations
Mid-afternoon on Jan. 20, 2003, plaintiff Carmine Christiano, a 37-year-old laborer, employed by Plaza Construction Company, was working at 56th Street and Broadway, on a high-rise residential and commercial building construction project, when the floor of a soffit collapsed and caused him to fall approximately 20 feet to the ground.
The plaintiff claimed proper safety devices would have prevented the fall.
The defense contended Christiano was instructed to use readily available safety devices, and that his actions were the sole proximate cause of the accident.
open reduction; fracture, elbow; fracture, calcaneus; fracture, L2; loss of consortium
The plaintiff was diagnosed with a dislocated left elbow; a fractured calcaneus of his left foot; and a fracture to the L2 vertebral body.
The plaintiff's elbow dislocation was repaired non-surgically and he underwent an open reduction and internal fixation for the calcaneus fracture. His L2 fracture healed without surgery.
The plaintiff remained at the hospital for two weeks. Following his discharge, he underwent physical therapy treatments after surgery, and required the use of prescribed analgesics.
On May 7, 2007, because of increased left ankle pain, the plaintiff underwent the surgical removal of hardware to the left ankle and partial fusion of the subtalar joint.
The pain and limited range of motion to the left ankle and spine continued and the plaintiff received a series of lumbar epidural injections for his lumbar pain. He continued to use analgesics and claimed that he would require ongoing future medical care.
The parties reached a negotiated settlement of $4,995,000.
The case was handled by Jeffrey Block, Joseph Donahue and Daniel O'Toole.▶ Block O'Toole & Murphy has been featured on the cable television program Insider Exclusive.