$1.25 Million Recovery for Manhattan Construction Trip and Fall Accident

Trip and Fall Over a Piece of Masonite

WRSH partner, Kenneth Halperin, obtained a settlement in the amount of $1,250,000.00 for a 39 year old man who was injured in an accident on a construction site.

WRSH partner, Kenneth Halperin, obtained a settlement in the amount of $1,250,000.00 for a 39 year old man who was injured in an accident on a construction site.

The accident in question occurred while the plaintiff was in the process of repairing bricks on the parapet wall of the roof of a residential apartment building in Manhattan. After laying several bricks plaintiff stood up and stepped back to get a better visual of his work. As he stepped back he tripped and fell over a piece of Masonite that was curled up on a corner.

This settlement was due in large part to the talents of WRSH attorney Mitch Kahn, who worked on the case during the discovery phase. Through intense questioning at deposition, Mitch was able to establish multiple measures which should have been taken to protect the workers on the job site. Plaintiff argued that when he started work the Masonite was not there and that someone discarded it improperly near where he was working. We argued that there was a violation of Labor Sect. 241(6) – 12 NYCRR 23-1.7.

The plaintiff's co-worker and foreman, however, stated that the masonite has been there when they started work and was protecting the roof of the building while they were working. Defendants argued that since the masonite was properly covering the roof and thus a necessary piece of equipment at the site plaintiff was not entitled to recover.

Thus, a jury trial would have come down to who the jury believed. Had the jury believed that the Masonite was properly in place and a necessary part of the work then plaintiff could have recovered nothing. Despite this, we were able to obtain a seven figure settlement for our client.

As a result of the accident, plaintiff sustained a herniated disc that required surgery, and elbow and knee injuries that also required arthroscopic surgery.

<< 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

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 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