$1.25 Million Settlement - Pedestrian Struck by Falling Construction Debris

Kenneth Halperin and Bryce Moses, partners at Wingate, Russotti, Shapiro & Halperin, LLP, obtained a settlement in the amount of $1,250,000 for a 35-year-old man who was struck by a piece of wood that fell off the roof of a low-rise building. The accident occurred while the plaintiff was walking down the street in Manhattan. Repairs on a water tower on the sixth floor of a building were taking place when a small piece of wood being used by workers fell off the side of the building and struck the plaintiff on the side of his head.

The plaintiff was treated at the hospital and released with a diagnosis of a mild concussion. Thereafter, the plaintiff’s symptoms began to worsen, and he developed symptoms consistent with a mild traumatic brain injury. The defendant’s neuropsychologist performed extensive testing of the plaintiff and concluded he was malingering. Another witness who knew the plaintiff also testified he was malingering. Finally, social media photographs showed that after the accident, the plaintiff was going to outings, events with friends, and traveling. The defendants used this to try and damage the plaintiff’s credibility.

Ken and Bryce rebutted the defendant’s claims with medical evidence establishing the plaintiff was not malingering, and contended the photographs merely showed the plaintiff was attempting to maintain some normalcy in his life, considering a mild traumatic brain injury sometimes does allow a person to function. Among other things, the injury slowed down the plaintiff’s processing speeds and disrupted his short-term memory, but did not render him incapable of performing daily activities. It merely made them more difficult and time-consuming.

As a result of the accident, the plaintiff underwent sporadic psychological therapy, which the plaintiff did not feel was effective.

<< Back to verdicts and settlements.

Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

The Graybar Building
420 Lexington Ave. Suite 2750 New York, NY 10170
Phone: (212) 986-7353 Fax: (212) 953-4308

Attorney Advertising

New York Injury Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm offices. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

© 2019 Wingate, Russotti, Shapiro & Halperin, LLP - All rights reserved.

SLS Consulting | Sitemap | En Español