Just prior to jury selection, Jason Rubin and Carmine Goncalves obtained a $2.8 million settlement in a case involving a construction accident. Plaintiff, then 32 years old, was carrying a heavy steel beam with a coworker when he stepped on a piece of concrete debris on the floor, which caused him to injure his lower back and knee. Plaintiff required lumbar fusion surgery and two arthroscopic knee surgeries.
We claimed that defendants violated section 241(6) of the Labor Law by allowing the passageway where plaintiff had to travel to become encumbered with debris. Defendants attempted to rebut plaintiff's claims by producing reports which alleged that plaintiff was injured simply because of the weight of the steel beam and not because of any dangerous condition. Jason and Carmine were still able to secure a significant settlement for the plaintiff because the co-worker/witness supported plaintiff's testimony.