Wingate Russotti, Shapiro & Halperin partner Frank J. Lombardo, settled this matter in the amount of $1,135,000 during a pre-trial settlement conference. Plaintiff, a 35-year-old non-union laborer was caused to be struck by a beam that was being dismantled by other workers during demolition of a building.
The plaintiff sustained multiple injuries, which included herniated disks in his cervical spine that required him to undergo a cervical fusion and herniated disks in his lower back that also required surgical intervention.
Defense counsel contended that the plaintiff’s cervical and lumbar injuries did not occur as he alleged, in that he did not make any complaint with respect to same for two months following the accident and that after being struck by the beam he continued to work the remainder of the day. The defendant’s general liability policy was $1,000,000 and through Frank’s efforts the defendants contributed personally to the settlement above the policy limits.