WRSMH attorney Stephen D. Wagner III obtained a settlement of $3,500,000 for our client, an undocumented construction worker, on the eve of trial in Brooklyn (Kings County), New York. Attorney Erin K. Hurley handled the case file while Mr. Wagner was trial counsel in the matter.
In this Labor Law case, the plaintiff was working on a job site when a co-worker lost his grip on a metal bar, causing it to fall about 9 feet onto our client’s head, neck, and shoulder.
As a result of his injuries, the plaintiff experienced post-concussion syndrome and underwent a two-level neck surgery with metal hardware, including screws, a subsequent neck revision surgery to remove a migrated screw, a sacroiliac joint fusion, and a shoulder surgery.
The Court had previously awarded the plaintiff summary judgment on the issue of liability under Labor Law Section 240(1), and the trial was to be conducted on the issue of damages. The defendants appealed that decision, with the appeal still pending at the time of the settlement.