Wingate, Russotti, Shapiro, Moses & Halperin, LLP, partner Mitchell Kahn obtained a $2,750,000 settlement for a 40-year-old nonunion carpenter who was injured while working at a construction site. At the time of the accident, the plaintiff was standing on a beam/joist performing his work when the beam/joist broke, causing him to fall approximately 9 feet to the concrete floor beneath him.
As a result of the accident, the plaintiff sustained injuries to his right shoulder, neck, and lower back, as well sustaining a concussion. The plaintiff required arthroscopic surgery to his right shoulder, a percutaneous discectomy to his lumbar spine at L4-5, and cervical discectomy and fusion at C5-6.
During depositions, we established that the defendants had violated Labor Law Section 240 in failing to provide the plaintiff with a proper safety device to perform his work. The case was resolved at mediation for $2,750,000.