Wingate, Russotti, Shapiro, Moses & Halperin, LLP settled a case for $1,300,000.00 for a laborer who was injured at a construction site. The plaintiff, 58 years old at the time of the accident, was an undocumented, non-union laborer when part of a parapet wall of a two-story building collapsed on him.
The plaintiff contended that the building owner was aware that the parapet wall was in danger of collapsing. The building owner contended that he informed the general contractor that the supports tying the parapet wall to the building were rusted and weakened by years of water damage. A few hours later, the parapet wall collapsed, and knocked our client off an A-frame ladder. He suffered multiple injuries to his back and neck, which required him to undergo three fusion surgeries to his cervical and lumbar spine.
The general contractor's insurance company refused to provide coverage. The general contractor failed to appear at trial. During the prosecution of the civil action, the owners of the building sold the building to another buyer.
Shortly after a jury was selected, the owners of the building offered to pay their entire $1 million insurance policy limits to settle the claim. The plaintiff’s attorneys, however, argued that the owners of the building were personally responsible for the plaintiff's injures because they fraudulently sold the property to another buyer to avoid paying additional monies to the injured plaintiff. Ultimately, the owners of the building agreed to personally pay an additional $300,000 to settle the matter.
The court then conducted a trial against the general contractor, which refused to defend itself in the civil litigation. The court awarded $10,000,000.00 in damages against the general contractor.
WRSMH attorney David Hoffman's motion for summary judgment under Labor Law 240(1) was granted against defendant owner 3119 Realty LLC.