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.

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