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$2,600,000 Settlement for Worker with Exacerbation of Prior Back Injuries

A union worker was working on an NYC construction project when he fell approximately 8 to 10 feet from an unguarded scaffold. As a result of the incident, he suffered exacerbation of pre-existing cervical and lumbar herniated discs, which required surgery. Represented by Block O’Toole & Murphy, he received a $2.6 million settlement.

Court and County
Bronx Supreme

Facts & Allegations
Plaintiff, a 42-year-old union laborer employed by a Bronx masonry contractor, was working at 110th and Broadway, on a high-rise building construction project, when he fell off an unguarded scaffold, landing 8-10 feet below on a lower level scaffold.

The plaintiff claimed proper safety devices such as guardrails would have prevented the fall. The defense contended Plaintiff’s actions were the sole proximate cause of the accident.

As a result of the fall, Plaintiff suffered exacerbation of pre-existing cervical and lumbar herniations, requiring lumbar decompression and fusion. The plaintiff was treated and released at the emergency room and thereafter underwent physical therapy treatments.

Plaintiff underwent surgical decompression of the lumbar spine at L3/4-L4/5. Due to ongoing pain, the plaintiff underwent a discectomy, a surgical procedure that removes material in a herniated disc pressing against the spinal nerve, in addition to fusion of the lumbar spine at L3/4- L4/5.

The parties reached a negotiated settlement of $2,600,000.

Handling Attorneys
The case was handled by Partner S. Joseph Donahue.

Injured? To speak with a qualified lawyer about your potential case, please call 212-736-5300. The attorneys at Block O’Toole & Murphy are fierce advocates for injury clients. In 2016 alone, we attained 4 of the 5 Highest Settlements in New York State.

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