WRSH Partner, Kenneth J. Halperin recently obtained a $575,000 settlement for an electrician who was injured at a construction site. Prior to the happening of the accident our client worker has ascended an extension ladder to get to an air conditioning duct that he was working on. After he performed his duties he attempted to get back down the ladder. As he came out of the duct and positioned himself to get his legs back onto the ladder, the ladder shifted causing him to fall to the ground approximately twenty (20) feet below. The ladder also collapsed and fell to the ground.
After discovery was completed we made a successful motion for summary judgment pursuant to Labor Law Sect. 240(1). This is a statute, which provides extra protection to construction workers who are injured because safety devices are not available. Here, the defendant's had an obligation to make sure a second worker was holding the ladder steady, or that it was somehow secured. They failed to do this and because of this the plaintiff was injured.
As a result of the accident, our client sustained a partial tear of the rotator cuff in his right shoulder and had to undergo arthroscopic surgery.