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$3,750,000 Settlement for Worker with Multiple Injuries, Including Radial Head Fracture and Herniated Disc

In a New York case, a 25-year-old worker fell 30 to 40 feet from an unsecured ladder during the course of his employment. As a result of the accident, he suffered serious injuries, including a radial head fracture in his left elbow, a dislocated right shoulder, and a herniated disc at the L4-L5 level. Represented by Block O’Toole & Murphy, he received a $3.75 million settlement.

Court and County
Supreme Kings

Age and Occupation of Plaintiff
Plaintiff was 25 years old on the date of the accident and employed by L.I. Exterior Specialists, Inc.

Facts and Allegations
Plaintiff, a construction laborer for a roofing company, was caused to fall from an unsecured ladder 30-40 feet to the ground below. The project was a complete roof replacement of a single family home. Plaintiff alleged violations of the NY State Labor Law sections 240(1) and 241(6). Labor Law section 240(1) imposes absolute liability on owners and contractors, or their agents, when their failure to protect workers employed on a construction site from the risks associated with working at an elevation proximately causes injury to a worker. In this matter it was claimed that the ladder Plaintiff was using, which was positioned on a second level roof, was not secured or braced in any manner and Plaintiff was not provided with any type of fall prevention safety equipment in violation of the Labor Law resulting in significant injuries.

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Plaintiff sustained a left elbow dislocation and fracture of the proximal radial head requiring an open reduction and internal fixation. Plaintiff further sustained a right shoulder anterior dislocation with a fracture of the greater tuberosity of the right proximal humerus requiring a closed reduction and eventually an arthroscopic surgery for a partial rotator cuff tear. Plaintiff also sustained a traumatic lower back herniation at the L4-L5 segment requiring a fusion surgery at that level.

Plaintiff was unable to return to work as a laborer after the accident and will never work in the construction field again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in his activities of daily living. Plaintiff testified how the injuries have prevented him from playing and interacting with his young children and how it has affects his ability to take care of his home and support his family.

The Defendants argued that Plaintiff’s lumbar spinal injuries were degenerative in nature and not causally related to the subject accident and that all diagnostic studies failed to illustrate any traumatically induced injury. Further, defendant’s argued that no further treatment was necessary for any of the claimed injuries and plaintiff can engage in all activities of daily living and can return to gainful employment without restriction.

Plaintiff made claims for past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.

Settlement Amount
The parties negotiated a $3,750,000 settlement while the parties were about to select a jury.

This case was handled by Stephen J. Murphy, Esq. & Michael J. Hurwitz, Esq.

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