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$2,700,000 Settlement for Local 1 Union Plumber Injured After Fall on Manhattan Job Site

Our client, a 27-year-old union plumber, was hired to perform renovation work at a Manhattan hotel. One day, he and a coworker were tasked with moving a large gas cylinder to the first floor. While moving the cylinder, the two workers encountered a portion of the passageway that was cluttered with construction materials. While attempting to clear their path, our client tripped and fell over a temporary platform placed on the floor. As a result of the fall, Plaintiff suffered injuries requiring surgery to his right shoulder and right knee. Represented by Pawel Wierzbicki and Daniel O’Toole, he received a settlement for $2,700,000.

Court and County
Supreme Court, New York

Plaintiff Description
At the time of the accident, Plaintiff was a 27-year-old plumber affiliated with the UA Plumbers Local 1 Union.

Description of Case
Our client was hired to work on a construction renovation project in a Manhattan hotel. He was tasked with soldering storm sewers and pipes in the basement. Toward the end of one of his shifts, Plaintiff’s foreman asked him and a coworker to take a heavy gas cylinder to the first floor of the building where cylinder cages were located. Plaintiff’s coworker took the gas cylinder on a hand cart and used an elevator to go to the first floor while Plaintiff took the stairs to meet him there.

On the first floor, the two workers traveled through passageways to get to the cylinder cages. The pathways were about ten feet wide. Our client walked ahead to act as a guide for his coworker who pushed the hand cart. At a certain point, the pair approached a concrete mixer and concrete blocks that narrowed the passageway from ten feet to about two feet of space. In addition to the mixer and blocks, there were other construction materials scattered around the floor. Plaintiff needed to move materials including a two by four and metal sheets that blocked their path to the cages. While moving materials, Plaintiff tripped and fell over a large and heavy temporary platform placed on the floor. Plaintiff hit his head against the wall and his legs gave out as he collapsed onto the platform.

Plaintiff immediately felt pain in his right shoulder and right knee. He visited an urgent care facility where he underwent X-ray scans and minor treatment.

As a result of the fall, our client suffered a tear of his right knee’s anterior cruciate ligament and lateral meniscus, a sprain in his right knee’s medial collateral ligament, and damage to the articular cartilage of that same knee. He also suffered a trabecular fracture, also known as a bone bruise, in his right knee and eventually developed synovitis.

In his right shoulder, Plaintiff suffered partial-thickness tears of the infraspinatus and supraspinatus tendons, which are parts of the rotator cuff. His shoulder also developed bursitis and tendinosis as a result of the accident.

To treat his injuries, our client underwent a course of physical therapy and a pain management regimen, neither of which provided lasting relief. He eventually underwent arthroscopic surgery to treat his right knee and continued with physical therapy.

Our client has since developed residual arthritic pain in his right knee. His right shoulder remains painful and suffers residual diminution of its range of motion, affecting his ability to perform manual labor. He has not worked since the day of the accident. Plaintiff sought compensation for future medical expenses, past and future loss of wages, as well as past and future pain and suffering.

Settlement Amount
This matter was settled prior to trial for $2,700,000.

Handling Attorneys
This case was handled by Associate Pawel Wierzbicki and Partner Daniel O’Toole.

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