$2,300,000 Settlement for Worker Whose Foot Was Run Over by a Truck
Partners Jeffrey A. Block and S. Joseph Donahue resolved the lawsuit for a construction worker who underwent multiple surgeries that failed to alleviate his pain.
| Settlement Amount | $2,300,000 |
|---|---|
| Accident Location | Construction site on West 54th Street in Manhattan |
| Court / Venue | Supreme Court, Kings County |
| Accident Type | Construction site accident in which a reversing cement truck ran over a flagman’s foot |
| Injury | Multiple fractures and other injuries to the right foot and ankle requiring multiple procedures, with constant pain, limited range of motion, decreased strength and sensation, and permanent disability from construction work |
| Case Categories | Construction accident; construction vehicle accident; truck driver negligence; flagman accident; foot and ankle fracture injury; Manhattan construction accident |
| Handling Attorneys | Jeffrey A. Block and S. Joseph Donahue |
Court and County
Supreme Court, Kings County
Negligent Truck Driver Rolls Over Flagman’s Foot
Our client, a 58-year-old flagman, had just returned to work after an on-the-job injury disabled him for several years. He was standing in the middle of West 54th Street in Manhattan to direct traffic and pedestrians away from a cement truck, which was reversing into the construction site. To do this, our client was instructed to have his back facing the truck, making him unable to see the truck as it approached him.
The passenger wheel rolled over our client’s right foot, causing excruciating pain. Witnesses found him lying on the ground, and he was transported by ambulance to a nearby hospital for treatment.
Injuries Sustained in Construction Accident Lead to Difficult Recovery
During his month-long hospital stay, our client underwent many procedures to treat multiple fractures and other injuries in his foot and ankle. Once discharged, he required the use of mobility devices, starting with a wheelchair and building his strength up to only needing a single cane.
Throughout his recovery, our client struggled with constant pain in his foot and a limited range of motion. He had decreased strength and sensation in his right foot, making use of his leg extremely difficult. He still needed regular physical therapy, and doctors said he might one day require foot amputation surgery. The long-term impact of the accident has permanently disabled him from construction work.
Arguing Liability When the Defense Presents a Different Version of Events
Partners Jeffrey A. Block and S. Joseph Donahue argued that the site did not have the appropriate number of flagmen to direct the vehicle, causing the accident. The defense contested liability, saying that our client had been sitting on an outer step on the truck. To disprove this, our attorneys relied on our client’s testimony.
Because there was factual dispute regarding who was at fault in this case, our attorneys did not pursue summary judgment on liability. In response to
Since our client had only recently returned to work, his lost wages claim was minimal, but our attorneys argued that his injuries and subsequent pain were immense and he deserved proper compensation. They approached negotiations with the defense confidently and secured a $2,300,000 settlement.
We hope this lawsuit outcome allows him to adapt more comfortably to life with a permanent disability.
Settlement Amount
This case settled for $2,300,000.
Handling Attorneys
This case was handled by partners Jeffrey A. Block and S. Joseph Donahue.