WRSH Partner Frank J. Lombardo settled this case during jury selection in the amount of $1,250,000.00. The plaintiff, a 52-year-old day laborer, was cleaning an industrial sawdust collector tank when he fell from an unsecured extension ladder while attempting to gain access to the tank.

Prior to trial, the Appellate Division, First Department, affirmed the denial of summary judgment finding that there existed a question of fact as to whether the plaintiff was performing normal routine cleaning and/or maintenance, or was involved with demolition work. It was alleged that as a result of the fall, the plaintiff sustained cervical and lumbar herniations with radicular symptom requiring the plaintiff to undergo a cervical laminectomy and fusion surgery. The defense contended that the plaintiff had prior degenerative disc conditions that included, but was not limited to, long-standing hypertrophic facet disease that necessitated the surgery and not trauma-related.

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