Laborer Struck by a Falling Object at a Construction Site
Wingate, Russotti, Shapiro & Halperin partner Kenneth J. Halperin obtained a settlement in the amount of $850,000 for our client, a 43 year old laborer who was struck by a falling object at a construction site. The accident occurred when our client was in the process of picking up materials near a scaffold. Workers above him were dismantling a ceiling when a piece of wood came loose and struck the plaintiff in the head. WRSH Attorney Mitch Kahn was able to establish during depositions that proper protective measures were not taken in that no netting or other fall protection was utilized to protect workers below.
As a result of the accident, our client sustained post-concussion syndrome with some lingering cognitive deficits. He also sustained torn ligaments in his shoulder which required arthroscopic surgery and herniated discs in his cervical spine that required a cervical fusion.
We were able to obtain this settlement despite the fact that our client was in a motor vehicle accident several months after this accident and sustained lumbar and cervical spine injuries. The defendant's medical experts contended that the cervical injury and subsequent surgery were caused entirely by the subsequent motor vehicle accident. Our client's treating surgeon contended that subsequent accident merely aggravated his condition, but that the surgery was caused by the construction accident.
Despite the conflicting medical evidence we were able to procure a very favorable settlement for our client.