Construction Accident - On the Job Injury

WRSH Partners Kenneth Halperin and Mitchell Kahn recently obtained a $2,400,000 settlement for a fifty-six year old non-union plumber who fell approximately ten feet from a ladder while he was working in a building helping to install a new roof drainage system. While plaintiff was descending the ladder it began to tip over causing him to lose his balance and fall. The evidence established that the ladder was old and unsafe for the work he was performing and the floor below was also uneven, causing the ladder to be unstable.

During discovery, we were able to establish that the plaintiff was not provided with the proper safety devices, such as a scaffold, scissor lift or safety harness, all of which could have prevented his accident. After discovery, we obtained summary judgment on liability pursuant to Labor Law 240 (1). Prior to trial, we conducted three mediations over a four month period, which resulted in a settlement of $2,400.000.

As a result of the accident, plaintiff sustained multiple injuries which include, a fractured right calcaneus, which required surgery to insert a single screw to reduce the fracture, partial ligament tears in his right ankle that required an arthroscopic surgery and debridement, and a herniated disc in his lumbar spine which required a percutaneous discectomy.

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