Construction Injury - Workplace Accident
Plaintiff was injured when he fell from three unstable, unsecured planks which were placed between the first floor of a building and a dumpster at a construction site. The boards were placed negligently by his employer so that our client could throw away debris. Plaintiff alleged he fell from a height of approximately six feet, but this was disputed by the defendant building owner and general contractor, who argued that plaintiff's testimony clearly indicated he fell to the floor of the building, which was only a distance of a few inches. Our firm alleged violations of Labor law sections 200, 241(6) and 240(1), but there were potential problems with each claim. While motions for summary judgment under the scaffold/labor law were pending, WRSMH attorney Bill Hepner participated in a mediation to attempt to settle the case. Although all parties left the mediation without a settlement, Bill was able to settle the case a couple of weeks later for $1.79 Million. Our client had injuries which resulted in fusion surgeries to his neck and back, as well as a arthroscopic knee surgery.