$7,100,000 Settlement in Labor Law 240(1) Case for Union Steamfitter Struck by Falling Pipe  

Partners Stephen J. Murphy and David L. Scher secured the settlement for their client, who had fallen to the ground on a Manhattan construction site and sustained severe injuries to his back, shoulder, and head.

Court and County

Supreme Court, New York County

Poorly Fastened Pipe Causes Construction Site Accident

Our client, 51 years old at the time, had been working as a union steamfitter for nearly a decade when his accident occurred. He was proud of his work, and his fellow coworkers and union members looked to him as a trustworthy, hardworking leader. He was also a dedicated husband, father, and grandfather who enjoyed nothing more than spending his free time with his loving family at their home on Long Island.

On the day of the accident, our client was working on the construction site of a new building in Manhattan. He and his crew were tasked with installing large pipes and securing them to the ceiling of the mechanical room. The pipe segments, which could weigh more than 400 pounds, were anchored with fasteners drilled into the ceiling.

While reviewing the job site, our client noticed that one of the pipes, which a coworker had installed earlier that day, looked uneven. Opting to readjust it himself, our client started ascending a ladder. But as he stepped onto the second or third rung, the uneven pipe fell without warning, striking our client and causing him to fall from the ladder.

What happened next was a haze. Our client, who had blacked out upon hitting the ground, woke up in extreme pain. He was quickly sent to urgent care, and then to the emergency room, where he complained of intense pain to his head, back, neck, and right shoulder.

Severe Construction Accident Injuries Result in Five Surgeries

In the aftermath of the accident, our client’s symptoms worsened. He was in extreme pain, and he began experiencing headaches, dizziness, nausea, and memory lapses that were consistent with a traumatic brain injury (TBI). He began treatment with a neurologist and pain management doctor, but the radiating pain, persistent numbness, and effects of his concussion made it increasingly difficult to go about daily life.

After a year of conservative treatment, our client underwent his first spine fusion surgery to try and alleviate some of the worst pain in his back. Though this surgery gave him some relief, it didn’t last – the severe pain returned, and doctors determined that he would need a lumbar fusion revision surgery.

His back wasn’t the only ongoing issue. His shoulder and neck pain persisted as well, and he underwent arthroscopic surgery – and later, a total replacement – for his right shoulder. At the time of settlement, he was also scheduled for a cervical fusion surgery, as the fall had exacerbated an old neck injury.  

These injuries were crushing for our client, who had lived a healthy, active life prior to the accident. He enjoyed his job, but even more so, he immensely valued the time he spent with his children and grandchildren. Confined by his pain and injuries, he was unable to participate in the same activities he once enjoyed with his family, and the loss was immeasurable.

Building a Labor Law 240(1) Case for Liability and Damages

Partners Stephen J. Murphy and David L. Scher took the case and immediately started digging into liability. It was clear early in the discovery process that this would be argued as a Labor Law 240(1) case. This would impose absolute liability on the property owner and general contractor of the building, who were responsible for creating a safe workplace for our client.

Confident in their liability argument, our attorneys then looked at damages. The accident left our client completely disabled from work, which meant our attorneys could make claims for lost wages. They also made claims for past and future medical expenses and past and future pain and suffering, emphasizing that the pain wasn’t just physical – the accident cost our client his livelihood, his time with family, and his ability to participate in the sports and outdoor activities he once enjoyed.

As our attorneys were preparing to file a motion for summary judgment – which they were confident would have ruled in our client’s favor – the defense agreed to settle the case. Despite an initial low-ball offer from the defendants, our attorneys were able to reach a settlement of $7,100,000. This money can’t return what our client lost, but it can relieve his financial burdens and ensure he has options for a more comfortable future.

Settlement Amount

This case was settled for $7,100,000.

Handling Attorneys

This case was handled by Partners Stephen J. Murphy and David L. Scher.