Trip and Fall Injury - Construction Accident

Partner, Frank J. Lombardo obtained a settlement subsequent to a private mediation and prior to the commencement of jury selection. The case was handled through discovery by David M. Hoffman and Frank J. Lombardo. Plaintiff, 25 years old, was a concrete laborer and tripped and fell on construction debris while carrying rebar during construction of a new building. The accident was unwitnessed. The plaintiff fell with his hands outstretched and the rebar fell on top of him. He experienced immediate pain to his right shoulder, neck and back.

The plaintiff sustained: (1) a disc herniation at C3-4; bulging disc at C5-C6 and C6-C7 producing severe cervical radiculopathy that required an anterior cervical spinal fusion of C6-C7; (2) disc herniation at L5-S1 producing severe lumbosacral radiculopathy requiring a decompressive lumbar laminectomy, and partial discectomy; and (3) a superior labral tear of the right shoulder that required a subacromial decompression, bursectomy and partial release of the CA ligament with debridement.

Defense counsel contended that the plaintiff’s complaints were exaggerated, the fall was not a substantial factor that caused his injuries and that the surgeries were not necessary.

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