Attorney Carmine Goncalves negotiated a $4,900,000 settlement for a union bridge painter who fell during a construction project on Route 17 in Upstate New York

Upstate New York, Feb 25, 2025: Attorney Carmine Goncalves of Wingate, Russotti, Shapiro, Moses & Halperin, LLP (WRSMH) successfully negotiated a $4.9 million settlement for our client, a 36-year-old union bridge painter from Brazil. Our client was severely injured in a fall during a construction project on Route 17 in upstate New York. The settlement was reached during private mediation just prior to the trial date.

The plaintiff, an experienced union bridge painter, was working on a project that involved sandblasting and repainting the underside of an overpass. The work required him to be positioned 20 feet above the roadway in a dimly lit, enclosed area where workers were required to wear protective gear and breathing masks due to the hazardous conditions. During the course of his work, the plaintiff fell through an unprotected opening in the planking beneath the overpass, striking a lower level of planking before falling to the ground.

Initially, the defendants denied the occurrence of the accident, suggesting that the worker was able to walk away from the scene without seeking immediate medical attention. They also referenced an accident report that presented a different version of the events. However, the defendants could not dispute the existence of the unprotected opening, which was documented in photographs taken by the worker the day after the incident. Additionally, despite the defendants' claims that the plaintiff had fallen from a small embankment, testimony from the plaintiff's coworkers consistently confirmed that he had fallen from the height above the scaffolding, as he had described.

Attorney Goncalves successfully demonstrated that the unprotected opening in the scaffolding posed a significant fall risk, and the defendants failed to implement adequate safety measures. By skillfully presenting the evidence, he argued before the court that the defendants were fully responsible for the accident; this led to a finding of absolute liability against them.

As a result of the fall, the plaintiff sustained severe injuries to his shoulders, knees, neck, and lower back. These injuries required three surgeries, including a painful neck fusion with hardware insertion.

"We are pleased to have secured this significant settlement for our client, who endured painful injuries and a long recovery," said attorney Goncalves. "The outcome of this case reflects the importance of maintaining proper safety protocols on construction sites, and we are proud to have advocated for our client to ensure he received the compensation he deserves."

This settlement underscores WRSMH's commitment to representing injured workers and advocating for their rights, especially in complex construction accident cases where proper safety measures are not adhered to.

For more information, contact the law office of Wingate, Russotti, Shapiro, Moses & Halperin, LLP:

420 Lexington Ave Suite 2700, New York, NY 10170
Phone: (212) 986-7353
Email: etena@wrslaw.com
Website: www.wrshlaw.com

View press release here.