$1,325,000 Settlement for a Painter Who Injured His Back When a Balcony Collapsed at a Manhattan Apartment Building

COURT AND COUNTY
Supreme Court, Kings County

AGE AND OCCUPATION OF PLAINTIFFS
Plaintiff was a 52 year old painter at the time of the accident.

DESCRIPTION OF CASE
At the time of the accident, Plaintiff was working as a painter in the final stages of the construction of a large Manhattan apartment building. During a break, Plaintiff walked onto a fourth floor apartment’s balcony to make a phone call. One of the sections of metal grating that made up the balcony’s flooring collapsed under him, causing Plaintiff to fall through the balcony floor and down to the third floor balcony below. The defense argued that Plaintiff had been instructed not to enter the apartment by his boss, and warned by a posted sign on the balcony door to not enter the balcony. Plaintiff alleged the Defendants were negligent for failing to secure the balcony grating, and violated the New York Labor Law.

INJURIES/DAMAGES
As a result of the accident Plaintiff suffered a L1 burst fracture in his spine, which required a 2-level fusion surgery at the T12 through L2 levels. Plaintiff was hospitalized for 3 weeks, and then underwent a course of physical therapy for his back.

SETTLEMENT
The matter was settled prior to trial for $1,325,000.

Note:
The case was handled by Partners Stephen J. Murphy and David L. Scher