$6,000,000 for Scaffold Fall Victim; Union Waterproofer Suffered Neck and Back Injuries

Court and County

Supreme Court, Kings County

Accident Description

Plaintiff was injured when he fell off an exterior scaffold in the course of his work as a union waterproofer on a construction project in Brooklyn. At the time of the accident, Plaintiff was performing caulking work on the south side wall of the building and standing on a scaffold between the second and third floor. He was performing his work on the wall and moving from his right to his left across the foot planks of the scaffold when he fell through a gap in the scaffold that did not have any foot planks in place and did not have any safety device, such as a guardrail, bicycle, caution tape or other barrier installed to prevent him from falling off of the scaffold. As a result of this accident, he fell eight to ten feet through a window opening and landed inside the building on a pile of bricks. We filed a motion for summary judgment and won in the Appellate Court where it was ruled that the building owner and general contractor were 100% at fault for the accident for violating Labor Law §240(1).

Injury Summary

As a result of the accident, Plaintiff sustained herniated discs in his cervical spine and was required to undergo cervical spinal surgery after conservative treatment failed to alleviate his symptoms. He also sustained herniations to his lumbar spine and after conservative treatment again failed to help him, he underwent lumbar spine fusion surgery at L4-L5 and L5-S1 levels. Plaintiff also made a claim for past and future pain and suffering, loss of enjoyment of life and significant economic damages that included past and future lost income and union benefits and cost of future healthcare.

Block O'Toole & Murphy managed to persuade a number of insurance companies to pay a $6,000,000 settlement in order to avoid a trial.

Handling Attorneys

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