Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Frank J. Lombardo obtained a settlement during the discovery phase of litigation. The plaintiff, a 39-year-old laborer, was struck by an elevator shaft concrete panel that fell while he was in the process of erecting a form for the floor above. The plaintiff sustained a non-displaced rib fracture and a tear of the anterior cruciate and lateral menisci that required arthroscopic repair.
The defense counsel contended that the plaintiff was not struck by the falling concrete panels and there was evidence that he slipped and fell in ice on his way to work. In addition, the defendants contended that there was no record of a knee injury until after the plaintiff’s deposition.