Wingate, Russotti, Shapiro & Halperin, LLP, partner Mitchell Kahn obtained an $825,000.00 settlement for a 55-year-old union carpenter who was injured while working at a construction site. At the time of the accident, the plaintiff was using a six-foot A-frame ladder to take measurements and check the header for a closet that was being built out. After the plaintiff reached the fourth rung up to start taking measurements, “the ladder twisted and the back legs of the ladder kicked out,” causing both the ladder and the plaintiff to fall to the ground.
During depositions, Mitch was able to establish that the defendants failed to provide the plaintiff with the proper type of ladder and protective device for the type of work being performed. The defendants attempted to argue, to no avail, that the plaintiff merely slipped and fell off the ladder.
As a result of the accident, the plaintiff sustained an acute, impacted surgical neck fracture of the right shoulder with apex anterior angulation as well as an interior displacement of the humeral shaft, requiring an open reduction/internal fixation procedure. Due to restriction in the plaintiff’s range of motion post-surgery, he required a second surgical procedure. During the second surgery, they removed the hardware, and also manipulated the plaintiff’s shoulder under anesthesia in order to break up the adhesions and increase his range of motion.