On May 22, 2007, during a construction project at the Bronx County Hall of Justice Courthouse, the Plaintiff was employed by a structural steel subcontractor as a union ironworker. He was working to remove a steel awning from above the building's entrance as it had become structurally unsound. To complete this task the Plaintiff had to enter the façade of the building above the awning. While the Plaintiff was involved in completing this task, he struck his head on an overhead duct while standing on a beam and fell approximately 25-30 feet to the building's lobby floor. He alleged that he had not been provided any fall protection equipment while performing his duties. The Court granted the Plaintiff's motion for summary judgment on the issue of liability.
The Plaintiff sustained bulging discs in the lumbar spine at L4-L5 and L5-S1 and fractures to the sacrum and coccyx and a head laceration requiring staples. He eventually underwent lumbar fusion surgery at L5-S1. The Plaintiff also had a Major Depressive Disorder as a result of the accident. The Plaintiff also made a claim for future lost wages, alleging that he could not return to work as a union ironworker which also meant a loss in union benefits.
Result: The parties settled the case on June 10, 2011, for $6,400,000.
The case was handled by Daniel P. O'Toole and Frederick C. Aranki.▶ Block O'Toole & Murphy has been featured on the cable television program Insider Exclusive.