$2,600,000 for a union laborer that fell from a scaffold, which aggravated a prior back injury

Court: Bronx Supreme

Facts & Allegations

Plaintiff, a 42-year-old union laborer employed by a Bronx masonry contractor, was working at 110th and Broadway, on a high-rise building construction project, when he fell off an unguarded scaffold, landing 8-10 feet below on a lower level scaffold.

The plaintiff claimed proper safety devices such as guardrails would have prevented the fall.

The defense contended Plaintiff's actions were the sole proximate cause of the accident.

Injuries/Damages

As a result of the fall, Plaintiff suffered exacerbation of pre-existing cervical and lumbar herniations, requiring lumbar decompression and fusion. The plaintiff was treated and released at the emergency room and thereafter underwent physical therapy treatments.

Plaintiff underwent surgical decompression of the lumbar spine at L3/4-L4/5. Due to ongoing pain, the plaintiff underwent a discectomy, a surgical procedure that removes material in a herniated disc pressing against the spinal nerve, in addition to fusion of the lumbar spine at L3/4- L4/5.

Result

The parties reached a negotiated settlement of $2,600,000.

Handling Attorneys

The case was handled by Partner Joseph Donahue and Associate Kareem Vessup.