Wingate, Russotti, Shapiro, Moses & Halperin, LLP, attorney Mitchell Kahn obtained a $3,000,000.00 settlement at mediation for the plaintiff, a 38-year-old carpenter who was injured while he was working at a construction site.
The plaintiff was cutting wood in preparation for the installation of a doorframe when a piece of concrete fell from above him, striking him in his back and shoulders. Prior to the accident, framing had been removed from the doorway by another contractor and the doorway was expanded prior to the accident occurring. As a result, there was nothing securing the concrete above the opening.
As a result of the accident, the plaintiff sustained injuries to his right shoulder and lumbar spine. The plaintiff was required to undergo multiple procedures, including a lumbar fusion at L5-S1 and arthroscopic surgery to his right shoulder.
The defendants argued that Labor Law 240 did not apply to the facts of the case because this was a permanent structure. We were able to establish that Labor Law 240 was, in fact, applicable in that it was foreseeable that the unsecured concrete may fall. The Supreme Court had dismissed the plaintiff’s case against the company that removed the framing and denied the plaintiff’s motion for Summary Judgment against the owner. The case settled at mediation while the plaintiff’s appeal for Summary Judgment against the owner was pending.