$1,995,000 Result for Driver Who Fell into Construction Site Hole 

Our client, a truck driver, exited his vehicle and fell into a hole at a construction site. As a result of the fall, he sustained a herniated lumbar disc and torn meniscus in the left knee. With the help of our attorneys, the driver recovered $1,995,000. 

Court and County 

Supreme Court, Queens County   

Description of Client 

Our client was a 27-year-old truck driver at the time of the accident. 

Description of Case 

Our client, a 27-year-old commercial dump truck driver, exited a friend’s Pontiac Firebird vehicle in Queens and unknowingly placed his left foot into a hole. He lost his balance and fell into the hole as a result. The hole was caused by the removal of a telephone pole by Con Edison. Con Edison never backfilled the hole, which was left from the pole removal, and Con Edison failed to secure the hole prior to leaving the worksite for the day.  The hole was simply left open and unattended.  Con Edison filled the hole a few hours after the accident to remedy the hazard.  Our firm tried this case to verdict and Con Edison was found to be 90% responsible for the happening of this accident.

Injuries/Damages 

Our client suffered from left leg pain and lower back pain immediately after the accident.  He began a course of treatment for his injuries, which resulted in several surgeries.  As a result of the accident, the plaintiff suffered a torn meniscus in his left knee.  He also suffered a herniated disc in his lumbar spine at L5-S1.  

The plaintiff underwent an arthroscopic surgery for his left knee injury and two surgeries for his lower back injury.  The lower back surgeries included a laminectomy/facetectomy and a lumbar discectomy with interbody fusion.  Our client tried to go back to work after he had his back surgery, but reinjured himself while working.  It was also determined that the plaintiff would need a total left knee replacement in the future.  

Our attorneys argued that the plaintiff would incur over $800,000 in future medical needs as a result of Con Edison’s negligence and our client’s significant and permanent injuries.  Our client also missed work as a result of his injuries and our attorneys argued that the plaintiff incurred over $1,000,000 in lost wages as a result of this accident.

Verdict/Settlement Amount 

Our firm made a $2,000,000 demand during the course of this case and before trial. The Defendants countered with an exceptionally low offer which necessitated a trial.

Our firm tried the case in Queens County and received a favorable liability verdict for our client, finding Con Edison overwhelmingly at fault for causing and creating the hazard that proximately caused our client’s injuries. The Plaintiff accepted an offer of $1,995,000 during a damages trial after several days of testimony. Dr. Ali Guy, M.D., testified for the Plaintiff. The Defendants offered $375,000 after jury selection and $1,000,000 prior to a verdict on liability. In the end, our firm was able to negotiate a favorable settlement, merely $5,000 below our demand, despite the Defendants only offering $375,000 after jury selection.

Settlement Amount 

Our attorneys recovered $1,995,000 for our client. 

Handling Attorney 

Case handled by Jeffrey A. Block