COURT AND COUNTY
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was a 42 year-old demolition laborer at the time of the incident.
DESCRIPTION OF CASE
Plaintiff was working during the demolition of a 2-story home in Williamsburg, Brooklyn. In order to pull down a wall of the home, Plaintiff stood on top of an 8-10 foot high container that was positioned next to the home. Plaintiff was pulling on a rope that was attached to the wall that he and his co-workers were attempting to demolish. In doing so, Plaintiff lost his balance and fell off the container to the ground below. Plaintiff was provided no fall protective device, and there were no rails on the sides of the container.
Plaintiff moved for, and was granted summary judgment on the issue of liability against the Defendant general contractor. The Defendant argued that Plaintiff was solely responsible for his accident by choosing to work atop the container with no fall protection, and for causing his fall by pulling on the rope in an unsafe manner. Since Plaintiff won his motion, the case would have proceeded to a damages-only trial.
Plaintiff sustained a left humerus fracture and left shoulder injuries, both of which required surgical intervention. The injuries were to Plaintiff's non-dominant arm. After the surgeries, Plaintiff had very little medical treatment and eventually returned to work before the case settled. The defense argued that Plaintiff had fully recovered from his injuries, and could not recover lost wages because he was not a United States citizen, and had no documentation to work in this country.
The case settled before the scheduled trial date and following a private mediation.
This case was handled by Stephen J. Murphy, Esq. and David L. Scher, Esq.