Attorney Carmine Goncalves of Wingate, Russotti, Shapiro, Moses & Halperin, LLP obtained a $2,350,000 settlement for a 45-year-old construction worker from Brazil who fell through an unprotected opening atop a rebar cage he was required to walk across. The monumental construction project in Jamaica required the building to sit on an almost five-foot-tall slab of reinforced concrete. The workers were required to enter the rebar framing of the slab through openings on top. Carmine was able to demonstrate that these openings posed a fall risk and required protections around them, which were not provided.
The defendants attempted to undermine the plaintiff's case by asserting that he did not sustain injuries at the workplace. They contended, conveniently, that he had actually been terminated on the very day of the incident due to his involvement in a physical altercation. This turned out to be nothing more than unsubstantiated gossip, and Carmine skillfully diffused the rumor and effectively mitigated any harm from this tall tale.
As a consequence of the accident, the plaintiff sustained injuries to his neck and back. He required surgery on both areas with the placement of painful hardware.
With the matter scheduled for jury selection in the Queens County Supreme Court later in the month, Carmine obtained a settlement at a private mediation.