$7,400,000 For Union Sheet Metal Worker Who Suffered Back Injury After Fall

Court and County

Supreme Court, Kings County

Accident Description

Our client was a union sheet metal worker who was working on the roof of a store in Brooklyn undergoing a renovation. He was standing on a steel beam on the roof, trying to unscrew the panel of an HVAC unit. He lost his balance and fell down to the roof, a distance of about 3 feet. We claimed that the beam was too narrow and failed to provide proper protection to our client. We moved for summary judgment and won, convincing the Court that the accident was the fault of the defendant owner and general contractor for violating Labor Law Section 240(1).

Injury Summary

Our client landed on his left side. While he was able to quickly get up on his own and continue working for a brief time after his fall, he left work early. Three days later, he saw his doctor and began complaining of pain to his neck, low back, left shoulder and left knee. He began a course of treatment including physical therapy and multiple injections, which failed to relieve his pain. As such, he underwent arthroscopic surgeries to his left shoulder and left knee, and then a lumbar surgery involving fusion of his spine at the L5/S1 level. That spine surgery, which was performed over 2 separate days, also unfortunately failed to relieve his back pain. As such, a spinal cord stimulator was implanted surgically, which did provide him some relief. Our client was never able to return to his sheet metal work following the accident. We made claims on his behalf for substantial damages including lost earnings and benefits, future medical costs, pain and suffering and loss of enjoyment of life. Despite a vigorous defense involving multiple defense expert physicians questioning each of our client's injuries, we were able to secure a settlement of $7,400,000 prior to any scheduled trial date.

Handling Attorneys

This case was handled by firm Partners Stephen J. Murphy and David L. Scher.