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$2,600,000 Settlement for Brooklyn Worker Injured in Fall from Unsecured Ladder

Our client was employed to work at a Brooklyn construction site in June of 2018. His employer provided him with an unsecured A-frame ladder to perform his assigned duties, which included preparing and painting an exterior wall of the building. While he performed elevated taping work, the unsecured ladder suddenly shook, causing Plaintiff to fall six feet, first onto a potted plant, and then onto the concrete ground. As a result of the fall, Plaintiff suffered multiple injuries, the worst of which included herniated discs at the L4-L5 and L5-S1 levels of his spine. Represented by BOM Partners Frederick Aranki and Daniel O’Toole, our client received a $2,600,000 settlement.

Court and County
Supreme Court, Kings County

Plaintiff Description
At the time of the accident, Plaintiff was 37-year-old New York resident.

Description of Case
This matter arose out of a construction site accident that occurred in June 2018 at a building located in Brooklyn, New York. As part of the work he was performing on the project, our client, the Plaintiff, was tasked with assisting his foreman with painting/preparing for painting a rear exterior wall of the building. He was caused to fall at least six feet onto a potted plant and then the concrete while he was performing his elevated taping work from an unsecured A-frame ladder which suddenly shook.

The unsecured A-frame ladder provided was not sufficient for Plaintiff to complete the type of work he was performing. Also, no adequate device was actually available and properly placed that Plaintiff was aware of for him to perform the type of work he was performing at the time of the accident. The subject ladder was specifically given to him by his foreman to do the work he was performing at the time of the accident. Plaintiff sustained serious and permanent injuries as a result of the fall. Plaintiff moved for summary judgment based on Labor Law section 240(1). After oral argument, the Court granted Plaintiff’s motion for summary judgment. This decision was being appealed by the defense at the time of settlement.

As a result of the six-foot fall on concrete, the Plaintiff suffered injuries to his lower back, neck, left ankle, and head, with the worst injuries to his lower back. He suffered herniated discs at the L4-L5 and L5-S1 levels for which he underwent conservative treatment, including physical therapy, lumbar epidural steroid injections, and median branch block injections.

Plaintiff underwent a percutaneous discectomy procedure which unfortunately only provided him with temporary, limited relief of his lumbar spine symptoms. He was recommended for a lumbar spine fusion surgery at the L5-S1 level and eventually underwent this surgery in March 2021.

With regard to the subject accident, Plaintiff was examined by a specialist in Physical Medicine and Rehabilitation who opined Plaintiff’s injuries resulted from the accident. In addition to the results of his examination, this doctor gave an opinion regarding the anticipated future medical needs of Plaintiff and the costs associated with this treatment. It was also alleged on behalf of Plaintiff that he was totally and permanently disabled from employment. We made claims on behalf of Plaintiff for lost income, loss of Social Security Retirement Income and Future Cost of Healthcare.

The defense had the Plaintiff examined by several experts, in the fields of spine surgery, physiatry, orthopedic surgery, vocational rehabilitation and life care planning. These experts would have testified at trial that the Plaintiff did not suffer any herniated discs, did not require lumbar spine surgery and that any injuries suffered and surgery performed were not related to the subject accident. The defense experts would have also testified that the Plaintiff was capable of returning to full-time employment for the same or higher salary that he was earning prior to the accident.

Settlement Amount
This matter settled prior to trial for a total of $2,600,000.

Handling Attorneys
The case was handled by firm Partners Daniel O’Toole and Fred Aranki.

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