Jury Awards Carpenter $5,000,000 After Scaffold Fall

Partners S. Joseph Donahue and Jeffrey A. Block fought for the client, who suffered persistent shoulder, spine, and cognitive injuries.

Court and County

Supreme Court, Kings County

Unsafe Work Conditions Lead to Life-Changing Fall

Our client was a 53-year-old construction worker who worked for a New York City-based company for about eight years. On the day of the accident, he was working on Atlantic Avenue in Brooklyn on the first floor of an old furniture warehouse that was being renovated into apartments. While he was standing on scaffolding and attempting to remove a pipe, our client lost his balance and fell, causing him to hit a temporary stand pipe before he fell through a cellar door into the basement, which had a cement floor. After falling over 20 feet, he became unconscious.

Debilitating Scaffolding Fall Causes Pain Not Solved by Treatment

Our client was admitted to Bellevue Hospital, where he first complained of dizziness, headaches, nausea, and earaches. In the years following the fall, he suffered a plethora of persistent physical and cognitive injuries that resulted in surgery on his left shoulder and right wrist, multiple surgeries on his left ear as well as cervical and lumbar fusion. He complained of a ringing in his ear and has experienced declines in memory, hearing, and mental health.

Our client did not return to work following the accident and was supported by worker’s compensation while his medical expenses piled up.

Fighting for Justice Under Labor Law 240

In New York State, workers who work at heights are protected by Labor Law Section 240, which requires that the general contractor or site owner provide proper safety equipment to prevent accidents like falls. The defendants in this case were the building owner and management, the general contractor, and the plaintiff’s employers.

Partners S. Joseph Donahue and Jeffrey A. Block, who handled the case, determined the conditions our client was working under were unsafe for the following reasons:

• The scaffolding did not have railings all around the top.
• There were no safety nets or harnesses available on site, nor were hard hats provided.
• Additionally, a member of the building owner’s management company who was in charge of safety for the construction site later admitted in a deposition with our attorneys that he did nothing regarding the lack of safety gear, though it was in his power to do so.

Initially, a judge ruled against granting summary judgment on liability, finding issue with whether our client was given adequate equipment. Through speaking with witnesses about the safety conditions of the work site, our attorneys knew that our client had not been provided with proper safety equipment and they worked to get this ruling reversed on appeal. Our motion for summary judgment was later granted, meaning the defense was determined to be 100% percent liable, or at fault, for the accident.

This case ultimately went to trial, where the defendant’s orthopedic expert witness initially testified that many of our client’s injuries were resolved. Upon cross examination by our attorneys, the expert changed his opinion on our client’s condition. He conceded that our client’s conditions had not resolved and also concluded that our client’s orthopedic treatment was reasonable, necessary, and causally related to the fall

Verdict Amount

A jury awarded our client $5,000,000.

Handling Attorneys

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