Wingate, Russotti, Shapiro & Halperin, LLP, attorney Mitchell Kahn obtained a $2,250,000 settlement at mediation for a 52-year-old laborer who was injured while working at a construction site.
At the time of the accident, the plaintiff’s coworkers were using a motorized hoist to lower a large/heavy bag of construction debris from the third floor of the building to ground level where the plaintiff was waiting to receive and unhook the bag. While the bag was being lowered down, it got caught on scaffolding that had been set up one floor above ground level. The workers above did not realize the bag was stuck and continued to lower the bag, creating slack in the wire. When the plaintiff stepped out from under the scaffolding, after seeing the wire continue to be lowered and not the bag, he saw the bag dislodge from the scaffold and fall rapidly striking him in the face and torso causing him to fall to the ground.
As a result of the accident, the plaintiff sustained injuries to his left shoulder, left knee, cervical spine, and lumbar spine. The plaintiff required surgery to his neck, back, shoulder, and knee.
The defendants contended that the accident did not occur in the manner that plaintiff described and pointed to an accident report that differed from plaintiff’s version of the accident. Plaintiff was successful in proving his version of the accident and defendant’s violation of Labor Law 240.
The case was settled after plaintiff’s depositions and prior to motion practice. If the defendants were successful in their argument that Labor Law 240 was not violated, the case could have been dismissed. Mitchell Kahn was able to convince the defendants at mediation that WRSH would prevail on Labor Law 240, and the case was settled for $2,250,000.