WRSMH Partner Phil Russotti, following jury selection, obtained a $1.7 million dollar recovery plus a waiver of a $50,000 Worker's Compensation lien on behalf of a 49 year old construction worker who was injured while operating an external elevator hoist, a device used on construction sites to transport materials and people to various building levels during construction. Prior to trial we obtained summary judgment on the issue of liability pursuant to Labor Law 240(1). As a result of the fall, the plaintiff suffered a compound, comminuted, calcaneus fracture, which required surgery to insert a plate that was subsequently removed in a second operation.
Thereafter, plaintiff developed traumatic arthritis in the injured joint, which we were prepared to show would have prevented him from continuing as a construction worker. We believe the plaintiff, who resided in East Stroudsberg, Pennsylvania, would have made a powerful witness to the jury and led to the substantial settlement. He had his own contracting business until three years before the accident when he obtained the job in New York where he was hurt. He took this position because of the added union benefits provided to his family but had to commute three hours daily by bus into New York City from Pennsylvania. The loss of these benefits was a substantial part of the damages.