New York Construction Site Accident
Attorney Carmine Goncalves of WRSMH secured a $7,950,000 settlement for a 48-year-old undocumented construction worker. He was assisting with unpacking a crate that contained ten 200-pound glass panels, which was intended for installation on the exterior of a new skyscraper under construction in Brooklyn. However, he was severely injured when the entire load fell on his lower body. It took more than six men to lift the panels from our client and extract him from the debris.
Our client was rushed to the hospital, where he underwent three emergency surgeries within 20 days in an effort to save his legs. He was later transferred to an inpatient rehabilitation facility, where he spent six weeks learning how to walk again.
During the initial investigation, attorney Carmine uncovered a covert cellphone recording of the worksite’s security footage that captured the incident. Without this unofficial video, it was unlikely the original surveillance footage would have been disclosed.
When confronted with the grainy yet incriminating clip, the defendants ultimately produced the full video recording.
Carmine alleged that the general contractor and property owner had failed to maintain a safe work site, in violation of Labor Law §§ 240(1) and 241(6). Through multiple depositions and a thorough investigation into site conditions, including numerous violations issued by the NYC Department of Buildings (DOB), attorney Carmine successfully countered the defendants’ claims that the plaintiff was responsible for his own injuries. He also demonstrated that the plaintiff was the most junior member of the team and had no role in removing the 2x4s used to secure the glass panels during transport.
Ultimately, the plaintiff required a total of 11 surgeries involving both ankles, both knees, his spine, and his left hip. These procedures included ankle fusion, titanium hardware placement in his neck and back, and a hip replacement. Given his relatively young age, it is clear that our client will require ongoing and substantial medical care for the foreseeable future. A life care planner was retained to fully explore the costs of our client’s future medical treatment.
On the eve of trial, the parties agreed to enter mediation. Meaningful negotiations followed, ultimately resulting in a settlement.