2 Workers Injured - $2.2 Million Recovery and $1.1 Million Recovery in Construction Accident Case
Kenneth Halperin obtained a settlement at mediation for two plaintiffs that were in the amount of $2,200,000 and $1,100,000 for a 46 year old man and 32 year old man who were both injured in an accident on a construction site.
The accident in question occurred during the construction of the Bryant Park Tower located at One Bryant Park Place, New York, NY. The two plaintiffs were marble setters working in the building lobby setting marble inside a new subway entrance. Suddenly a crane which was operating on the 60th floor of the new tower knocked a 100 pound construction bucket off the building. The bucket smashed into scaffolding that was set up at ground level, which sent debris flying. The plaintiffs who were working nearby were hit by debris and thrown down a flight of stairs.We proceeded with a case pursuant to Labor Law §200(1) and §240(1). While our motion for summary judgment was pending the defendants agreed to concede liability. The defendants were forced to concede liability due in great measure to the evidence brought out during the deposition questioning by WRSMH attorney Mitch Kahn. Mitch was able to bring to light the multiple departures committed by the defendants in their failure to protect the workers on the job site.
As a result of the accident, one of the plaintiff's sustained a herniated cervical disc that required a one level cervical spine fusion and revision fusion approximately nine months later. He was unable to return to construction work. The other plaintiff sustained a bulging lumbar disc that required a micro discectomy. He also sustained a torn ligament in his ankle that required an arthroscopic procedure. As a result of favoring his leg after the surgery he developed a mild stress fracture in his hip.
The defendants' medical experts contended that both plaintiffs' operations were not related to the accident and further that their injuries were preexisting.