Facial Fractures, TBI, and a Cervical Fusion at C4-5
WRSH Partner, Mitchell Kahn, obtained a $1,000,000 settlement for a forty-eight year old non-union laborer who was struck in the head by a 20 foot wooden plank. The wooden plank was being lowered from the roof by coworkers. The workers were passing it down by hand to other workers who were standing on different floors of the fire escape. The plank fell while being passed down, striking the plaintiff, who was standing on ground level on the head.
During discovery, we were able to establish the work being performed was not being completed while utilizing the proper safety devices, such as slings or a pulley mechanism, all of which could have prevented his accident. After discovery, we made a motion for summary judgment on liability pursuant to Labor Law 240 (1). Prior to the Court deciding the Summary Judgment motion, the defendant offered up the full amount of their insurance policy which was one million dollars.
As a result of the accident, plaintiff sustained multiple injuries which included facial fractures, a traumatic brain injury and a cervical fusion at C4-5.