WRSH partner, William Hepner, settled this case at mediation for a 62-year-old union worker who was involved in a project taking place on a New York City street. Plaintiff fell into an improperly secured hole which had been created for ongoing work under the street. Our client, injured his low back and shoulder, necessitating surgeries. He was close to retirement, so there was only a minimal lost earnings claim. Defendants claimed that there was nothing they could have done to protect plaintiff from falling into the hole, as it was part of his job to uncover the hole itself. They also alleged that the plaintiff had pre-existing problems with his back. Bill also obtained a waiver of the workers compensation lien, which the client would have had to pay back upon settlement. This case was at least two years away from trial.