$1.3 Million Settlement - NY Construction Falling Object

Laborer Struck by Falling Pile Driver

WRSH Partner, Kenneth J. Halperin, recently obtained a $1.3 million dollar settlement for a laborer who was struck by a falling pile that had just been driven into the ground. At the time of the accident our client was attempting to push over a pile, which had been driven into the ground. After he pushed over the pile, it struck a nearby pile driving rig that was in the vicinity, kicked back, struck him in the leg and knocked him down to the ground.

Through intense deposition questioning during the discovery portion of the case, WRSH attorney Mitch Kahn was able to establish that the defendants violated both State and Federal regulations by failing to ensure that the work area was free from objects, such as the pile driving rig, and furthermore in failing to adequately secure the pile so that there could be a controlled drop. In order to get around these violations the defendants' workers all claimed that plaintiff was told not to push over the pile when he did. However, dozens of workers were in the area when the accident occurred. Also, there was no mention in the accident report that our client was not supposed to be doing what he did when the accident took place. Thus, we were able to show that a jury was not likely to believe these claims.

As a result of the accident, our client sustained several lacerations and burns around his thigh and groin area, as well as a herniated disc in his back that required a fusion.

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