Noah Katz settled this matter at private mediation for $2.5M. This case involved a non-union construction worker who fell from a ladder which moved as he was installing HVAC ducts. Defendants contended that the ladder did not move but that plaintiff fainted and fell from the ladder, relying on a statement within the hospital record which indicated a possible fainting episode. Through testimony of hospital staff taken in discovery, we were able to show that the reference of “fainting” in the hospital record was not a statement made by plaintiff and that the staff could not state where the reference to fainting came from.
Plaintiff sustained injuries to his spine and knee resulting in surgery and, as a result, an inability to return to his line of work in construction. Defendants countered by claiming that his injuries pre-existed the accident and were not the result of his fall. We were able to show through medical proofs that plaintiff never suffered with injuries or sought treatment to those body parts prior to the incident. Plaintiff underwent a spinal fusion surgery on his cervical spine and had an arthroscopic procedure on his knee.
The case settled approximately two years prior to trial.