Wingate, Russotti, Shapiro & Halperin Partner, Frank J. Lombardo, obtained a settlement in the amount of $1,800,000.00 during a private mediation for a 51-year-old asbestos abetment laborer. The plaintiff, while spraying fire-proofing material fell 15 feet to the floor below as a result of the collapse of a permanent floor.
The plaintiff sustained injuries to both shoulders and right knee whereby he underwent arthroscopic surgical interventions.
The defense contended that since this was a permanent floor, Labor Law § 240(1) did not apply and brought motions for summary judgment. Frank was successful in defeating these motions and raising questions of fact by showing, through expert analysis, that the building was over 100 years old, underwent numerous renovations over the years, and due to the defendants’ failure to provide adequate bracing it was foreseeable that that the flooring would fail and collapse.