Attorney, Frank J. Lombardo settled this matter during a private mediation in the amount of $1,500,000. Plaintiff, a 30-year-old laborer fell from an unsecured A-frame ladder after being struck by the blade of a hand grinder. The plaintiff was cutting a metal beam when the grinder blade kicked back and shattered. The plaintiff sustained a herniated cervical disc whereby he underwent a C5-6 fusion and scarring of the left elbow from the laceration. The defendants contended that the plaintiff was instructed not to use the grinder for that specific task and an eyewitness testified at deposition that the plaintiff did not fall but that he stepped off the ladder and then fainted. The defendants also contended that the plaintiff did not make any mention of an injury to the neck or back or a fall from the ladder while being treated in the emergency room. In opposition to the defendants’ contention, we argued that the defendants project superintendent testified that the grinder was appropriate and another co-worker wasn’t sure if the plaintiff fell from the ladder or fell when he passed out.

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