$637,000 Recovery for Injuries on Home Construction Site in NY

Delivery Person Suffers Knee Injury

Plaintiff, a hard working delivery person for a wood molding company, was injured when he stepped on a piece of cardboard that was covering a partially buried brick at a single family home construction site. Plaintiff twisted his knee and fell as he was descending his truck. Plaintiff, who had a prior knee surgery a few years earlier, ended up having two arthroscopic surgeries as well as a total knee replacement.

The accident was unwitnessed and defendant claimed that plaintiff could not prove which, if any, of the subcontractors was responsible, or that any defendant had notice of the condition.

After Wingate, Russotti, Shapiro & Halperin, LLP successfully opposed defendants' motions to dismiss the case, Bill Hepner utilized a mediation to present the strengths of plaintiff's case and obtain a substantial offer. Since the offer was less than our firm thought the plaintiff was entitled too, Bill went in to do a trial on the case. Through continued diligent negotiations, Cliff Shapiro was able to substantially raise the offer and settle the case immediately before Bill was to pick a jury.

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