Union Laborer Recovers for Leg Injuries Sustained in Construction Accident

On May 19, 2008, the Plaintiff was employed by a demolition contractor at 99 Church Street, New York, New York, as a union laborer. On that day, while demolition was ongoing the Plaintiff was instructed by his foreman to use a piece of plywood to cover an electrical box to avoid it from being struck by falling construction debris. While the Plaintiff was completing this task, his co-worker struck the wall adjacent to a metal beam with the point of a Bobcat mini-excavator, causing the beam to fall and strike the Plaintiff on his right leg. The Court granted the Plaintiff's motion for summary judgment on the issue of liability.

As a result of the accident the Plaintiff suffered a fractured right tibia requiring open reduction and internal fixation surgery. The Plaintiff also made a claim for future lost wages, alleging that he could return to work in a sedentary job though not as a union laborer which meant a loss in union benefits.

Result: The parties settled the case during jury selection on February 16, 2011, for $1,500,000.

The case was handled by Daniel P. O'Toole and Frederick C. Aranki.