61-year-old Con Ed building supervisor who was struck by construction materials.
WRSH associate Joseph Stoduto was able to obtain a settlement of $325,000 on behalf of a 61-year-old Con Ed building supervisor from Queens. The supervisor was struck by a large sheet of plywood which was left on the roof of a Con Ed building by a company who was hired to install air conditioning units on the roof. As tropical storm force winds struck New York, some of the construction materials were blown loose by the wind and our client was struck in the head by a large sheet of plywood as he was on the roof investigating the area, suffering a very serious neck injury, including a fracture of his C6 vertebrae which required surgical intervention.
The defendant in the case claimed that there was no proof of any negligence on their behalf and that the accident was caused by an "Act of God." The defendant also claimed that Con Ed actually approved the manner in which they stored their materials on the roof and that the accident happened while the plaintiff himself was moving their materials around on the roof.
During the course of the litigation we proved that the accident happened because of the careless manner in which plywood sheets were stored on the roof. The defendant filed several motions to the trial court seeking to have the case dismissed. We were able to oppose those motions and have them denied by the trial court. The defendant then brought an appeal to the appellate court, which we also successfully opposed and had the defendant's appeal denied by the appellate court.
The case then proceeded to trial. After conclusion of jury selection but just prior to the start of opening statements, Joseph was able to negotiate a settlement in the amount of $325,000 for our client's past and future pain and suffering.