Man Killed in an Scaffolding Construction Site Accident
Kenneth Halperin obtained a settlement on the eve of trial in the amount of $1,300,000.00 for a 56 year old man who was injured in a scaffold accident on a construction site.
The accident in question occurred while the plaintiff was in the process of painting an arcade ceiling outside of a high-rise commercial building in New York City. Plaintiff was using a six (6) foot high Baker's scaffold at the time. However, the floor beneath the ceiling was riddled with cracks and holes. Because of this plaintiff's scaffold wheels could not sit flush with the ground. Also, plaintiff was not provided with any safety harness to protect him from a fall. As a result, while he was descending the scaffold it began to tip over and he fell to the ground.
We proceeded with a case pursuant to Labor Law -200(1); -240(1) and -241(6). A significant part of the case, however, hinged upon our ability to prove that the defendants violated Labor Law -240(1) by creating a situation where plaintiff was forced to set up his scaffold on defective pavement in order to do his job. At the close of discovery the defendants made a motion to dismiss his claims on the basis that he was the cause of the accident. We brought a motion seeking summary judgment pursuant to Labor Law -240 (1) which requires contractors and owners of building to ensure that workers performing their work at a height are provided with safe conditions.
The Court ultimately decided in favor of our client and awarded summary judgment on the issue of liability.
As a result of the accident, plaintiff sustained a tear of the rotator cuff which required arthroscopic surgery, a right ankle pilon fracture, a right knee derangement and a sprain and strain of his lumbar spine. We were able to secure a significant recovery because in addition to his injuries we proved that due to his age and thirty (30) year history as a painter that plaintiff could not return to work as a result of his construction site accident.