Plaintiff, an undocumented construction worker, was performing cutting and drilling work on a downtown Manhattan high-rise building, which had been gutted and was being re-constructed into a luxury hotel and luxury condominiums. Plaintiff had been cutting holes at marked locations and was on his way to check what additional locations needed to be cut. Plaintiff was walking on the 27th floor when he turned a corner and heard a crack from the floor. Suddenly, the floor beneath Plaintiff opened up and he was unable to stop himself from falling to the 26th floor below. Plaintiff moved for summary judgment, pursuant to Labor Law Section 240 (1). The motion was granted and the case proceeded to a damages only trial.
Plaintiff subsequently underwent a lumbar fusion surgery of the L4-L5 and L5-S1 levels.
Despite being an undocumented worker, Plaintiff successfully brought a lost wage claim which was rigorously contested.
During trial, the case settled for $2,250,000.
The case was handled by Stephen J. Murphy and Christina Mark of Block O'Toole & Murphy.