Wingate, Russotti, Shapiro, Moses & Halperin, LLP partner, Frank J. Lombardo, obtained a settlement in the amount of $950,000.00 after successfully winning summary judgment on a Labor Law §240(1) cause of action based on a falling object theory. The plaintiff, a 37-year-old laborer, was struck by a shelving unit he was installing. We contended that the defendant, owner of the warehouse, violated the Labor Law in failing to provide proper equipment to secure the shelf and prevent it from falling.
The plaintiff sustained injuries to his lumbar spine, which required a procedure on his lumbar spine. The defense experts contended that the plaintiff’s injuries were pre-existing and his procedure was unnecessary. The defendants had a One ($1,000,000) Million Dollar Insurance Policy.