$6,000,000 Settlement in Scaffold Fall Case
A union waterproofer was working on a construction project in Brooklyn, New York when he fell from an exterior scaffold. He was not provided with any safety devices and suffered herniated discs to both the cervical and lumbar regions of his spine. Represented by Block O’Toole & Murphy, he sued the building owner and general contractor, who were 100% responsible for violating Labor Law §240(1), and received a $6 million settlement.
Court and County
Supreme Court, Kings County
Plaintiff was injured when he fell off an exterior scaffold in the course of his work as a union waterproofer on a construction project in Brooklyn. At the time of the accident, Plaintiff was performing caulking work on the south side wall of the building and standing on a scaffold between the second and third floor. He was performing his work on the wall and moving from his right to his left across the foot planks of the scaffold when he fell through a gap in the scaffold that did not have any foot planks in place and did not have any safety device, such as a guardrail, bicycle, caution tape or other barrier installed to prevent him from falling off of the scaffold.
As a result of this accident, he fell eight to ten feet through a window opening and landed inside the building on a pile of bricks. We filed a motion for summary judgment and won in the Appellate Court where it was ruled that the building owner and general contractor were 100% at fault for the accident for violating Labor Law §240(1).
As a result of the accident, Plaintiff sustained herniated discs in his cervical spine and was required to undergo cervical spinal surgery after conservative treatment failed to alleviate his symptoms. He also sustained herniations to his lumbar spine and after conservative treatment again failed to help him, he underwent lumbar spine fusion surgery at L4-L5 and L5-S1 levels. Plaintiff also made a claim for past and future pain and suffering, loss of enjoyment of life and significant economic damages that included past and future lost income and union benefits and cost of future healthcare.
Block O’Toole & Murphy managed to persuade a number of insurance companies to pay a $6,000,000 settlement in order to avoid a trial.
This case was handled by Daniel P. O’Toole and Frederick C. Aranki.
Strong Legal Representation in Scaffold Injury Cases
The personal injury attorneys at Block O’Toole & Murphy are experienced in litigating work injury cases, including those involving scaffolding accidents. We offer skilled legal representation for those hurt in accidents caused by another party’s negligence. In the past five years, no other law firm attained more results exceeding $1,000,000 than Block O’Toole & Murphy.
Select results in New York scaffold injury lawsuits include:
- $7,000,000 settlement for a worker hit in the face with a metal clamp while he was dismantling a scaffold
- $5,885,000 jury verdict for a worker who fell from a Baker rolling scaffold when it moved
- $5,030,572 verdict for a 31-year-old laborer who suffered knee and spinal injuries after the scaffold tipped over, causing him to fall approximately 25 feet
To learn more about our results, please visit the Construction Accident Verdicts & Settlements page. To speak with an attorney today, please call 212-736-5300. We serve the Bronx, Queens, Manhattan, Brooklyn, Staten Island, Long Island, and all upstate New York.