$9,500,000 Settlement for Union Roofer Who Fell 30 Feet From Middle School Roof in Dutchess County

Partners Jeffrey A. Block and S. Joseph Donahue fought to secure a fair result for their client, who suffered debilitating spinal injuries in the fall.

Court and County
Supreme Court, Dutchess County

A Devastating 30-Foot Fall

Our client, a born-and-raised New Yorker in his early thirties, was working as a Local 8 union roofer at the time of the accident. His company had been hired to replace the roof of a middle school gymnasium – a difficult task, given the multiple skylights along the gym roof. To safely replace the roofing material around the edges of these skylights, the skylight openings and metal frames would have to be removed and covered with plywood for the duration of the project.

Prior to our client’s arrival on the scene, the skylight openings had already been removed and covered. Our client was tasked with removing the metal frames, which required him to temporarily move the plywood covers aside. After removing the metal frames, he was instructed to simply place the plywood cover back over the hole rather than secure it with screws, as had been done earlier. Despite the dangerous nature of this work, no one on the job site had been given any fall protection equipment.

Our client could not recall what exactly led up to the accident – all he remembered was feeling the sensation of falling before lying on the gym floor, 30 feet below, while first responders cut his clothes away from his body. His next memory was waking up in the hospital several days later.

Our client was air-lifted to the hospital, where scans revealed he had suffered cervical, lumbar, and thoracic spinal fractures, along with fractures to his wrist and elbow. He immediately underwent multiple surgical procedures, including a spinal fusion, an open reduction and internal fixation of the wrist, and an open reduction of the elbow. He remained in the hospital for about two weeks before being discharged home.

Investigation Into Lack of Safety Measures

Our attorneys knew early on in their investigation that this would be a Labor Law 240(1) case. Though our client could not recall specific details of how the accident occurred, it was clear that he fell through one of the skylight openings. Multiple witnesses noted that the unsecured plywood was only partially covering the opening our client fell through and confirmed that no one was wearing any fall protection equipment at the time.

Labor Law 240(1), which protects construction workers from gravity-related risks on the job, requires general contractors and property owners to provide proper safety equipment to all workers operating above ground. If our client had been given a harness and lanyard, as is protocol, his accident could have been avoided entirely.

The defendant, however, felt there were still questions regarding liability. Defense attorneys argued that our client had failed to follow the proper sequencing protocol for the work, an oversight which caused his own accident. Our attorneys countered that the absence of safety equipment violated Labor Law 240(1) regardless – even if our client had followed the correct order, the violation was still present, and therefore meant the defense had still been negligent.

During the discovery, our attorneys obtained a copy of the OSHA investigation into the accident, which revealed that the general contractor had been issued a citation for failing to provide fall protection. Our attorneys then planned to move for summary judgment under Labor Law 240(1), but the defense agreed to settle before defendant depositions even took place.

Resilience in the Face of Tragedy

Unfortunately, our client’s discharge from the hospital was only the beginning of his long road to recovery. Along with suffering from intense pain and ongoing physical limitations, our client began to experience swelling in his legs, numbness in his extremities, and symptoms consistent with post-concussive syndrome. Despite receiving rehabilitation treatment, he returned to the hospital about six weeks after the initial discharge, complaining that his neck pain was only getting worse.

After diagnostic scans revealed new issues, our client underwent cervical spine surgery to address his ongoing pain. Unfortunately, this surgery failed to lessen his suffering, and our client returned to the hospital for revision surgery just a month later.

Before the accident, our client had been a new father, working hard to help provide for his young daughter and fiancé. These injuries completely upended his life. He lives with constant pain, cannot resume his usual daily activities, and has been permanently disabled from construction work. His ability to care for his daughter and pay his family’s expenses has been severely limited, and he will likely require additional treatment for his spine in the future.

Our client, however, refused to give up. After his surgeries, he began an intense rehabilitation program and started undergoing pain management treatment and physical therapy. Though he still attends regular doctor appointments for ongoing pain and mental trauma, he has found ways to adjust to his new life. He practices Tai Chi, performs home exercises, and even started searching for a sedentary job.

Settlement Amount

The matter settled for $9,500,000.

Handling Attorneys

This case was handled by partners Jeffrey A. Block and S. Joseph Donahue.