20-Year-Old Construction Worker Who Fell From a Defective Ladder.
HAREL V. HERBST - Premises Liability: Construction Accident - $210,000 award
Following a fiercely contested jury trial, WRSH associate Joseph Stoduto was able to obtain a verdict in excess of $200,000 on behalf of a 20-year-old wiring technician from Brooklyn. The worker fell three feet off an A-frame ladder at a residential home reconstruction while pulling cables through the ceiling.
During the course of the litigation we proved that the accident happened because of the careless manner in which plywood sheets were laid out across the floor, ultimately causing the ladder on which our client was standing to slip out from underneath him, throwing him to the floor and causing injuries to his teeth, jaw and spinal column. We were able to win a decision from the trial court that the accident happened due to the negligence of the general contractor in the way that the work was managed.
We proved at trial that the accident and resultant injuries left the plaintiff with permanent and significant limitations in the use and function of his neck and back. We also proved that the condition of his damaged teeth would require continuing dental care in the future.
Joseph was able to minimize the defense attacks which were based upon the facts that the plaintiff had a prior motor vehicle accident involving similar injuries less than three years prior to his construction accident, and that the plaintiff also had a subsequent motor vehicle accident just prior to trial when he was riding a motorcycle.
The plaintiff was awarded $100,000 for his past pain and suffering, $100,000 for his future pain and suffering, with additional compensation awarded for his future medical costs. The verdict was more than double the amount which the defendant had offered in settlement of the claim during the course of the trial.