WRSH Partner Frank J. Lombardo represented a 58-years-old union carpenter who was assigned to install concrete forms in an elevator shaft. During the installation, the plaintiff tripped and fell after his pant leg got caught on a concrete form’s metal spoke. The plaintiff sustained a broken bone in his left ankle and right knee ACL tear, which required an ankle fusion and total knee replacement, respectfully.
The defendants’ motion to dismiss was based on the spoke being an integral part of the work the plaintiff was performing. We contended that the spoke extended from a protective box used to cover openings and not a part of the plaintiff’s work. The defense also contended that the ankle injury resulted from prior severe arthritis and the right knee ACL tear was the result of severe tricompartmental degenerative joint disease. We contended that even if true, then the plaintiff was more susceptible to injury and the injuries were aggravated by the accident. We settled this matter during an oral argument of motions for summary judgment.