$950,000 Settlement for NY Construction Accident Victim

Union Worker Injured on the Job

WRSH Partner, Frank J. Lombardo settled this matter for $950,000.00 after unsuccessful mediation, and prior to commencement of jury selection and commencement of trial. The case was handled through discovery by Partner, Kenneth Halperin. Plaintiff, 54 years of age at the time of the accident, was a Union Local 282 Teamsters Truck driver with 23 years on the job prior to the accident.

On September 9, 2011, the plaintiff sustained serious and permanent injuries at "Ground Zero" and "Freedom Tower" where demolition and construction of underground utilities, sidewalks, lights and extending the subway line took place. Mr. Gioielli was operating the boom of a flatbed boom truck, and after successfully placing I-beams on the flatbed, he began walking towards the front side of the truck in order to put the remote back when he heard a loud noise, felt a vibration under his feet and the I-beams fell striking him.

The defendants contended that there was no blasting and or heavy drilling which would cause the ground to shake or vibrate in any way. WRSH Partner Mitchell Kahn was able to establish during depositions that a subcontractor was performing "hoe ramming" in the area adjacent to where the accident occurred, and that "hoe ramming" caused vibrations.

In addition, the defendants argued that Labor Law §240(1) did not apply although case law holds that New York Labor Law § 240(1) applies in actions that involve materials that fall onto the workers from a flatbed truck.

With respect to the damages, the plaintiff was taken immediately from the scene by ambulance to Bellevue Hospital Center where he underwent surgical intervention for bilateral open tibia and fibular fractures with degloving. The surgery consisted of intramedullary nail fixation of the tibial fractures. The plaintiff returned to work as a truck driver six months after the accident.

<< 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 at 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.

© 2018 Wingate, Russotti, Shapiro & Halperin, LLP - All rights reserved.

SLS Consulting | Sitemap | En Español