$25,000,000 Settlement for Crane Operator Who Fell 12 Feet at a Bronx Construction Site

How Partners Jeffrey A. Block and S. Joseph Donahue secured a settlement for a crane operator who suffered devastating injuries, including severe fractures to his hip, leg, and ribs.

Court and County
Supreme Court, Bronx County

Fall Caused by Unstable Crane Load

Our client was known by his colleagues as a dependable, hardworking crane operator. After working in the rigging and crane industry for over three decades, he had developed a reputation as someone you could rely on. This trait carried over to his personal life – a devoted father and husband, our client loved to spend time with his family. He attended his children’s recitals, coached their sport practices, and planned cherished family vacations.

Tragically, our client’s life would be upended one day while working on a construction project in the Bronx. Though he was supposed to be operating the crane on site, there were no workers available to signal the crane. Signalers are vital for helping crane operators hoist, maneuver, and place their loads without hurting anyone else on the jobsite, so our client agreed to handle the signaling himself.

As our client directed the crane operator, the load of concrete forms that the crane was hoisting hit a cable, causing the load to bounce back and strike our client. The hit knocked him off the first floor of the building, causing him to fall 12 feet into the unfinished basement.

The injuries were devastating. Our client fractured his leg, hip, ribs, and ankle, along with suffering a number of additional injuries to his shoulder, neck, back, and knees. He was rushed to the hospital, where he underwent emergency open reduction and internal fixation surgery for his hip.

In the following years, our client would ultimately undergo six more major surgeries and countless other treatments for his pain. Our expert doctors believe he will likely require additional surgeries in the future, along with regular pain management treatment for the rest of his life.

Filing a Claim Under New York’s Scaffold Law

It was clear from the start that this would be a New York Labor Law 240(1) case. Labor Law 240(1), also called the Scaffold Law, protects workers from gravity-related injuries, including both injuries sustained due to falling objects and injuries sustained after falling from a height. The law imposes absolute liability on property owners and general contractors should their failure to provide safety equipment cause an accident.

Labor Law 240(1) can be especially important for crane operators, who regularly deal with the dangers posed by falling objects and other height-related risks. Cranes also lift heavy materials that can be deadly if left unsecured or unmonitored.

In this case, our attorneys found that our client had not been provided with the kinds of equipment that could have prevented his fall, including guard rails and safety harnesses. As such, when the crane’s load became unstable and hit our client, there was nothing to stop him from falling to the floor below.

Summary Judgment and Settlement

Our attorneys made a motion for summary judgment under Labor Law 240(1), arguing that the failure to provide fall protection clearly violated the law.

A summary judgment motion asks the court to issue an official ruling on a claim without going to trial. The motion must show, through evidence, that there is no genuine issue of material fact – put simply, it must show that the claim is demonstrably true, and there is no need to debate the facts at a trial.

In this case, our attorneys were pursuing a motion for summary judgment regarding liability: they were asking the court to rule that the defendants were responsible for the accident. Since Labor Law 240(1) imposes absolute liability on defendants, the court granted our motion, paving the way for the case to move to a damages-only trial.

Before the trial could begin, however, our attorneys managed to negotiate a favorable settlement. After taking into account our client’s medical costs, lost wages, and extensive past and future pain and suffering, the defense agreed to settle the matter for $25,000,000.

Adjusting to Life After the Accident

Prior to the accident, our client had been an active man – aside from his lifelong career in construction, he also went on regular family outings, attended all his children’s extracurricular activities, and took satisfaction in maintaining his home.

Though he works incredibly hard to engage in his usual activities, his pain follows him everywhere, preventing him from doing many of the things he once enjoyed. He’s been forced to stop work entirely, skip the occasional sports game or recital, and hire others to maintain his home. He also struggles with mobility restrictions, forcing him to rely on assistive devices for tasks he once did with ease.

Though no amount can fully compensate our client for the pain he endured, our attorneys hope that the settlement allows him and his family to live comfortably as they adjust to their new circumstances.

Settlement Amount

The matter was settled for $25,000,000.

Handling Attorneys

This case was handled by Partners Jeffrey A. Block and S. Joseph Donahue.