Wingate, Russotti, Shapiro and Halperin LLP partner, Frank J. Lombardo, settled this matter during discovery at a private mediation. Plaintiff, 43-years-old, was a non-union laborer. At the time of his accident he was one of three workers carrying a metal beam during roof top demolition, when one of his co-workers tripped and fell on debris. The plaintiff did not fall and the accident report indicated the plaintiff sustained a finger injury when it was caught between the beam and the ground. We were able to rebut this claim by establishing that the defendant’s accident reporting was inaccurate and did not follow proper procedures because they failed to properly interview our client. As a result of the accident the plaintiff sustained a right knee injury requiring arthroscopic surgery and a herniated disc in his neck that required a cervical spine fusion.
The defense contended that this was not a Labor Law §241(6) case because the plaintiff did not trip and fall, which we countered by establishing that the statute applies regardless of who tripped. Further, they questioned plaintiff’s injuries because he worked for an additional eleven days without complaint of injury did not make any immediate complaints of knee pain and did not seek immediate treatment for the cervical spine. We were able to counter all these arguments by establishing that he tried to work in the hope that his injuries and pain would dissipate. When they didn’t, he started treating and stopped and working.