Attorney, Frank J. Lombardo settled this matter prior to jury selection in the amount of $1,750,000.00. Plaintiff, a 43-year-old laborer tripped and fell backwards onto a pile of debris because the container he was pulling jammed due to defective, non-free-flowing wheels. The plaintiff sustained cervical disc herniations resulting is an anterior cervical interbody arthrodesis following a previous discectomy.
Defendants vigorously contested the matter alleging that the wheels on the container were in proper working order and that the fall was unwitnessed. Associate Ryan Lawlor handled the file during discovery and pre-trial dispositive motions. He was successful in defeating the defendants’ motions for summary judgment which sought dismissal on the sole viable cause of action, a 241(6) claim predicated on a single Industrial Code violation. The defense also contended that the mechanism of injuries did not correlate with the manner in which the plaintiff described how he fell, and that he made a good recovery since he had not been treated for more than one year prior to the settlement.