Union Worker Disabled, Colleague Killed in Reckless Construction Site Incident

Our attorneys secured a $10,000,000 settlement for a 56-year-old union asbestos worker after part of a building collapsed on him. Despite this clear evidence of instability, the defendants callously disregarded the safety of our client and his late colleague. The negligence of the owner and general contractor placed them in harm’s way, resulting in a catastrophic accident that left our client with debilitating injuries and took the life of his colleague.

Our Client, A Dedicated Family Man and Union Worker

Our client was a dedicated union asbestos worker at the time of the accident. He was a warm and authentic person who took pride in his craft and never shied away from strenuous labor. His diligence allowed him to provide well for his family and strive for a brighter future.

Court and County
Kings County Supreme Court

The Danger Was Known: Working in the Shadow of a Collapsing Wall

On the day of the accident, our client was carrying out his duties amidst a demolition and asbestos abatement project within a partially demolished structure in Manhattan. Tragically, the stability of the job site was compromised when a substantial portion of the south tower wall abruptly gave way, engulfing both our client and his co-worker in a devastating collapse. The devastating impact of the falling wall took the life of our client’s colleague and severely injured our client.

The evidence revealed that the defendants, the owner and the general contractor, callously disregarded glaring signs of danger. Notably, a comprehensive Feasibility Assessment prepared by the project engineer explicitly flagged the instability of the very wall that ultimately inflicted life-altering injuries upon our client. This critical information was not only known but actively discussed in project meetings, yet the defendants chose to turn a blind eye to the impending catastrophe.

Furthermore, the presence of a conspicuous fissure in the south tower wall was no secret to the owner and general contractor. Despite being fully aware of this ominous warning sign, they negligently subjected our client and his late co-worker to the perilous confines of the unstable structure’s shadow zone. Instead of exercising due caution and relocating them to a secure area, the defendants callously endangered their lives.

On the day of the accident, the general contractor recklessly permitted the asbestos workers to carry out their duties beneath the ominous presence of the cracked, unstable wall, directly resulting in the death of one employee and the disabling injury of another.

Dozens Of Injuries Requiring Surgeries, Injections, And Physical Therapy

Our client was forced to endure excruciating pain all over his body due to spinal fractures, disc herniations, broken ribs, a nose fracture, a torn shoulder, and multiple tears to the right knee, along with many more injuries. His condition required four major surgeries and several injections, but the damage to his body was largely irreversible.

Our client has been left completely and permanently disabled from any form of employment due to the harrowing events of the accident. Significant musculoskeletal injuries to the neck and lower back have severely compromised our client’s functionality, leading to a stark reduction in mobility and an inability to engage in gainful employment.

Daily life has become a battle against relentless pain, necessitating the ongoing use of narcotics and specialized pain management techniques. Without the ability to work, our client has incurred lost wages, lost union benefits, and faces a lifetime of costly medical expenses, all of which claims were filed for. Despite our client’s enduring spirit, the activities he once cherished, like fishing and soccer, are now beyond his reach. Yet, amidst these challenges, our client’s resilience shines through, a testament to his unwavering strength and character.

How We Fought for Our Client

The defendants fiercely contested both liability and damages, prompting our attorneys to assertively file a motion for summary judgment against them on our claims under New York State Labor Law sections 200, 240, and 241(6). In response, the defendants mounted a vigorous defense, seeking summary judgment to dismiss our Labor Law claims. Following intense scrutiny, the Court dismissed our client’s claims under Labor Law Section 240 but granted summary judgment in his favor under Labor Law Section 200.

New York Labor Law Section 200 mandates employers and property owners to maintain a safe workplace, ensuring the well-being of workers and visitors. It holds them accountable for injuries resulting from unsafe conditions, irrespective of fault, encompassing supervision, training, and safety protocols. It was the responsibility of the defendants to take the visible fissure and obvious danger seriously and protect our client from apparent harm.

The Defendant’s medical expert attempted to downplay the severity of our client’s injuries by attributing them to pre-existing degenerative conditions, and their vocational rehabilitation expert asserted that our client had the ability to return to the labor market in a sedentary capacity. Despite these challenges brought forward by the defense, our attorneys prevailed in demonstrating the merits of our client’s case and secured a large settlement to aid in our client’s recovery. Our expert Physical Medicine and Rehabilitation Specialist provided invaluable insight, affirming that the injuries sustained during the accident are not only permanent but profoundly traumatic. Additionally, our client’s treating spine surgeon offered further confirmation of the severity of the situation.

Settlement Amount
This case was settled for $10,000,000.

Handling Attorneys
Daniel O’Toole, Pawel Wierzbicki, and Fred Aranki handled this matter.