Attorney Carmine Goncalves of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, secured a $4.9 million settlement for a 36-year-old union bridge painter from Brazil. Our client fell through an unprotected opening in planking beneath an overpass on Route 17 in upstate New York. The construction project involved sandblasting and repainting the underside of the overpass from 20 feet above the roadway. Workers are required to wear protective gear and breathing masks in the enclosed, dimly lit area, as this dangerous setting presents significant hazards. The opened area in the walkway led to the client's fall, resulting in him striking a lower level of planking before hitting the ground.
Initially, the defendants argued that the accident didn't occur, claiming the worker was able to walk away from the scene on his own without seeking immediate medical attention. They possessed an accident report with a different version of events. However, they could not dispute the existence of the opening in the scaffolding, as documented in photographs taken by the worker the day after the incident. Despite their attempts to undermine our client's case by insisting he fell from a small embankment rather than from the height he said, the testimonies from our client's coworkers consistently confirmed that he had fallen from above.
Carmine successfully demonstrated that the unprotected opening posed a significant fall risk and that appropriate safety measures were lacking. He convincingly argued before the Court that the defendants were entirely responsible, leading to a finding of absolute liability against the defendant. The case was successfully resolved during private mediation before the trial date.
As a result of the accident, the plaintiff suffered injuries to his shoulders, knees, neck, and lower back, which required three surgeries, including a painful fusion surgery to his neck with the insertion of hardware.