Laborer Falls Out Of Cherry Picker
WRSH Partner, Kenneth J. Halperin recently obtained a $550,000 settlement for a laborer who was injured while painting a portion of an elevated subway track. At the time of the accident plaintiff, a 54 year old male, was situated in a cherry picker approximately fifteen (15) feet off the ground. While he was doing his work a truck traveling on the roadway struck the cherry picker. As a result plaintiff was thrown from the cherry picker. Because he was wearing his safety harness he did not strike the ground but slammed into a nearby pole and car and sustained injuries. In addition to bringing an action against the truck company we sued the contractor responsible for the project. Their failure to have flag personnel at the site in addition to failing to properly control oncoming traffic with lane closures and cones, so that vehicles could avoid the cherry picker also contributed to the accident.
As a result of the accident, our client sustained five fractured ribs, a partially torn ligament in his knee and an aggravation of pre-existing injuries to his neck and back, which were previously injured in another accident approximately ten (10) years earlier.