Kenneth J. Halperin obtained a $350,000 settlement prior to trial on behalf of a 53 year old construction worker who fell from a scaffold. The accident occurred when the plaintiff, a taper, was working on a scaffold that began to roll backwards away from his worksite. As a result of the movement, plaintiff was caused to fall off the scaffold.
We obtained summary judgment on liability pursuant to Labor Law §240 (1) by showing that the accident was caused by the failure of the defendants to ensure that the wheel locks on plaintiff’s scaffold were applied. We discovered during depositions that the defendants actually promoted the unsafe practice of encouraging their workers not to apply the wheel locks, so that they could save time by manually moving the scaffold without getting off and on it each time they needed to move it.
As a result of the accident the plaintiff sustained a herniated lumbar disc and bulging cervical disc.