$2,700,000 Settlement for Ankle Ligament Tears After Construction Accident
Partners S. Joseph Donahue and Jeffrey A. Block fought for a union concrete laborer who was disabled from future construction work.
| Settlement Amount | $2,700,000 |
|---|---|
| Accident Location | 20th floor of a Manhattan hotel construction site |
| Court / Venue | Supreme Court, Bronx County |
| Accident Type | Construction accident involving a union cement and concrete laborer who fell 10-15 feet while descending a fly wall without safety equipment |
| Injury | Right ankle ligament tear, right ankle fracture, swelling and deformity of the ankle, ongoing pain, difficulty walking and standing, and injuries requiring physical therapy and two right ankle surgeries |
| Case Categories | Construction accident; fall from height; fly wall accident; ankle injury; Labor Law 240 case; Manhattan construction accident |
| Handling Attorneys | S. Joseph Donahue and Jeffrey A. Block |
Court and County
Supreme Court, Bronx County
Construction Fall Caused by Disregard of Safety
Our client, a 34-year-old union cement and concrete laborer, was an experienced worker with over 2,000 hours of work logged in the year preceding his accident. While at his jobsite on the 20th floor of a Manhattan hotel, he was instructed by his foreman to move two safety brackets from the roof deck to the platform of a fly wall (a type of form wall used in construction to build exterior walls). No safety gear was offered to our client, who would need to climb down the fly wall to deliver the brackets.
While descending, our client fell 10-15 feet onto the fly wall platform, landing directly on his feet. If he had not landed there, he could have plummeted another 200 feet to the street.
Ankle Injuries Sustained in Construction Fall Cause Inability to Work
Our client was taken via ambulance to New York-Presbyterian Hospital, where he was assessed for swelling and deformity of his right ankle and was told to follow up with an orthopedic physician. Scans revealed that he had suffered a serious ligament tear and fracture in his right ankle, and he soon began physical therapy.
While our client’s condition initially improved, he needed to return to work to support himself and his family. Unfortunately, being back on his feet every day put additional stress on his injured ankle, and he eventually had to stop work. He ultimately underwent two surgeries on his right ankle, but this also failed to fully resolve his pain.
Our client previously had no issues with his ankle. Now, he experiences difficulties walking and standing. Ultimately, his doctor determined that he could not return to construction work, severely limiting his future job prospects and earning potential.
Using Witnesses to Fight False Accusations in Labor Law 240 Disputes
Partners S. Joseph Donahue and Jeffrey A. Block believed this case fell under Labor Law 240(1), which requires a general contractor or building owner to provide proper safety equipment to prevent gravity-related accidents.
The defendants, however, were ready to mount a strong argument. An accident report claimed that our client was injured by tripping over rebar matting on the rooftop deck. A photo of our client lying on the rebar matting, taken after the accident, was used as evidence to support this supposed trip. Additionally, the foreman claimed that he merely told our client to deliver the brackets and had never instructed him to descend the fly wall.
Our attorneys deposed multiple people who were working on the site to help paint a full picture of the accident. Coworkers confirmed that our client was found lying on the fly wall platform after the accident and had only been taken to the rooftop deck after the fall. This both disputed the accident report’s claim that our client had simply tripped and helped solidify our Labor Law argument. One witness also testified that he heard the foreman tell our client to descend the fly wall, despite the lack of available safety equipment.
Our attorneys were able to negotiate a settlement of $2,700,000 for our client. While this money will not enable him to return to his life and work prior to the accident, we hope that it will provide comfort to our client as he plans for a future without construction work.
Settlement Amount
This case settled for $2,700,000.
Handling Attorneys
This case was handled by partners S. Joseph Donahue and Jeffrey A. Block