Attorneys Frank Lombardo and Ross Barbour settled this action at a private mediation during pending summary judgment motions for $4,500,000. While he was bent down and on his knees installing a door, the plaintiff, a 58-year-old union carpenter, was struck in the back of the neck with a newly installed exit sign that dislodged. The defendants contended that the exit sign was a permanent fixture and the case was not subject to the protections of Labor Law 240(1). We countered this argument with case law, finding that Labor Law 240(1) applied to construction workers struck by permanently installed falling light fixtures.
The plaintiff sustained cervical disc herniations, underwent an anterior cervical interbody arthrodesis at C4-5, and subsequently needed a permanent nerve stimulator. Defendants contended that the plaintiff had preexisting degenerative conditions in the neck and that his injuries were not causally related to the accident. We countered this by highlighting that the plaintiff was not treated by any doctors for any pain prior to the accident.