$1,900,000 Settlement for Client with Serious Shoulder Injuries Requiring Surgery
Our client was working on a project at The City College in Manhattan, where a concrete sidewalk was due to be poured. The sidewalk was lined with steel wire mesh. However, the pouring of the concrete was delayed, and our client tripped and fell on the wire mesh matting. As a result of the accident, he sustained a tear in his right rotator cuff and ultimately required shoulder replacement surgery. Represented by Partners Jeffrey A. Block and S. Joseph Donahue, he received a $1.9 million settlement.
Court and County
New York County Supreme Court
Our client was 53 years old and working as a union ironworker when the accident occurred.
Description of Case
Our client was working at a project that involved the construction of two buildings at The City College of New York in the Manhattan neighborhood of Hamilton Heights. In addition to the erection of the two buildings, sidewalks were being built between the buildings.
In order to build the sidewalks, steel wire mesh matting was placed on the ground between the buildings. The wire mesh matting was 5 x 10 feet, with six square inch rectangles located within the matting. Ultimately, concrete would be poured over the wire matting to form the sidewalks.
The accident occurred while our client was installing exterior doors on the buildings next to where the wire matting was placed. While working in the area, our client tripped and fell on the wire mesh matting.
He claimed that the wire matting, which witnesses established was laid down for nearly one month prior to the accident, should not have been placed until just prior to the concrete pour and that Defendants violated the Labor Law by creating an unnecessary tripping hazard for workers.
Defendants claimed that the wire mesh matting needed to be in place at the time of the accident, that no tripping hazard existed, that the presence of the wire mesh was obvious and readily visible, and, in any event, that the accident did not happen as our client did not report it until nearly one month later.
Injuries and Damages
As a result of the fall, our client injured his right shoulder. MRI’s revealed that he had suffered a torn right rotator cuff. Due to the extent of the tear, our client required right shoulder arthroscopy surgery. Months later, another MRI revealed that the rotator cuff had torn again. Ultimately, our client underwent three failed arthroscopic surgeries on his right shoulder before he finally underwent shoulder replacement surgery.
Defendants claimed that our client’s injury and surgeries were not related to his accident. They argued that our client continued working for four months following the accident, that he did not seek medical attention for nearly one month and that he had made complaints of bilateral shoulder pain for nearly one year prior to the accident.
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The parties negotiated a $1,900,000 settlement during a mediation prior to trial.
Partners Jeffrey A. Block and S. Joseph Donahue handled this matter.
Top Compensation for Shoulder Injury Victims
Block O’Toole & Murphy has a long history of obtaining top verdicts and settlements for accidents which cause severe shoulder injuries. Whether it occurred in a work accident, car crash, slip and fall, or another kind of accident-you deserve compensation for the damages you have suffered.
Since 2012, Block O’Toole & Murphy has recovered more results exceeding $1,000,000 than any other New York law firm. Top shoulder injury results we have won include:
- $6,000,000 settlement for the passenger of a bus that was struck by a flatbed truck, requiring multiple surgeries including a surgical shoulder repair
- $3,500,000 settlement for a motorist who was side-swiped in Queens, causing a tear in his left shoulder which required surgery
- $3,250,000 settlement for a subway tunnel worker who was injured in a fall after the floor he was standing on collapsed, requiring surgery to both shoulders
- $3,075,000 settlement after a boiler mechanic was injured in a ladder fall, causing injuries which later required arthroscopic shoulder surgery
- $3,000,000 settlement for a construction worker who was injured in a work fall, ultimately requiring bilateral arthroscopic shoulder surgeries
Block O’Toole & Murphy is proud to serve all of New York and New Jersey.