Appellate Court Upholds Multi-Million Dollar Award For Injured Construction Worker
The construction accident lawyers at Block O’Toole & Murphy, LLP are pleased to announce that on April 30, 2013, the Appellate Division for New York’s First Judicial Department published its decision in the case of Burnett Williams v. City of New York, New York City Transit Authority and Metropolitan Transportation Authority (2013 NY Slip Op 03026). The Court upheld an award of $3,166,000, from a jury verdict taken by Partner S. Joseph Donahue in June of 2010. Notably, the appellate court allowed for $2,400,000 in compensation for the injured worker’s pain and suffering alone. The decision may be read here: Williams v City of New York.
The Plaintiff was a 56 year old lead inspector who fell at a New York subway station job site after stepping on an unsecured plank. As a result, Plaintiff suffered a worsening of his pre-existing low back injury resulting in two spine surgeries. Significantly, the Plaintiff had a substantial history of low back pain before this accident occurred, which had caused him to be temporarily disabled from employment, and led him to a prior course of medical treatment that continued right up to the time of this subway station accident. Plaintiff’s pre-accident treatment included his use of narcotic pain medications, multiple injections, extensive physical therapy, multiple consultations with a spine surgeon and the diagnosis of a herniated disc in his lumbar spine. The trial lawyers of Block O’Toole & Murphy, LLP obtained this result for the worker by arguing that the subway station fall worsened his prior low back condition. Undeniably, both the jury and appellate court agreed.
The Defendants, The City of New York and The New York City Transit Authority, argued that Plaintiff’s low back problems and treatment were the result of his prior injury and were unrelated to the fall. The highest settlement offer made by the defense before the verdict was $195,000. Once statutory interest is added to the final judgment, it will be well over $3 Million higher than that offer. The construction accident trial lawyer from Block O’Toole & Murphy. S. Joseph Donahue, who handled the trial was pleased with the decision, “This decision recognizes the impact this accident had on a good hardworking man and his family. We are very pleased for Mr. Williams.”
Block O’Toole & Murphy, LLP is an experienced New York personal injury trial law firm that has obtained well over $850 Million for its clients through its extensive verdicts and settlements, including results for many New York construction workers who were hurt in accidents involving ladders, scaffolding, cranes, hoists, equipment failure, electric shocks, building collapses, falls from heights and falling objects, among other things. The firm can be reached for a FREE consultation at 212-736-5300.