$2 Million Settlement - Laborer Fell Through Unguarded Opening in Floor

Frank J. Lombardo, partner at Wingate, Russotti, Shapiro & Halperin, LLP, settled at private mediation for $2,000,000.00 after handling this matter through discovery.

The plaintiff, a 31-year-old, non-union laborer, was collecting construction debris when he stepped into an unprotected/unguarded opening in the floor. At the time of the settlement, summary judgment on the issue of liability was pending.

The plaintiff sustained a right shoulder subacromial impingement with partial labral tear and infraspinatus tendon tear and underwent arthroscopic debridement; he also suffered a radial tear in the posterior horn of the medial meniscus of the right knee and underwent an arthroscopic partial meniscectomy; and cervical herniated discs for which he underwent an anterior cervical spinal fusion. Economic loss was not claimed.

The defense counsel contended the plaintiff was not tied off and presented statement from co-workers contending that the hole was protected. In addition, the defendants contended the plaintiff’s cervical spine injuries were preexisting and that he was not disabled as shown by over six hours of surveillance video footage.

<< Back to verdicts and settlements.


Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

The Graybar Building
420 Lexington Ave. Suite 2750 New York, NY 10170
Phone: (212) 986-7353 Fax: (212) 953-4308

Attorney Advertising

New York Construction Site Fall Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm offices. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

© 2019 Wingate, Russotti, Shapiro & Halperin, LLP - All rights reserved.

SLS Consulting | Sitemap | En Español