WRSH Partner Frank Lombardo obtained a settlement in the amount of $2,430,000.00 prior to completion of discovery on a Labor Law §241(6) slip and fall case. The plaintiff, a 42-year-old electrician’s assistant was bending down attempting to pull stored pipes away from the wall and in front of an electrical junction box. As the plaintiff began to pull the pipes, he slipped backwards from an accumulation of sand, dirt, and construction debris.
The plaintiff sustained injuries to his lumbar and cervical spines and right shoulder. He underwent single level fusions to both the cervical and lumbar spines and arthroscopic surgery to the shoulder.
The defendants contended that the accident did not happen on the date of the subject accident nor in the manner as plaintiff testified at his deposition. The defendants produced an accident report indicating that two days after the plaintiff’s accident he claimed to have injured his shoulder while on a ladder and pulling wires two days after his alleged trip and fall. The defendants also contended that the plaintiff’s injuries were pre-existing, and the surgical interventions were not related to the subject accident. Lastly, the defendants also contended that the plaintiff’s credibility was at issue due to his extensive criminal history.