$1,900,000 Settlement for Bricklayers and Allied Craftworkers Local 1 Journeyman Injured at Manhattan Construction Site
Our client, a 34-year-old mason, was working on a construction project to install new exterior brick to various portions of buildings owned by a public high school. In the course of his work, the ladder he was standing on slid out from under him, causing him to fall to the ground. As a result of the incident, he suffered serious injuries to his left elbow, which required multiple surgeries. To this day, the left elbow still causes our client pain, and his mobility is limited. We alleged violations to Labor Law 240(1) and Labor Law 241(6).
The case was hard fought, as the defense argued that the client did not get any assistance when setting up the ladder and that he healed well enough to work full-time in many positions and that no future treatment was necessary. Despite the opposition, attorneys Michael Hurwitz and Stephen Murphy recovered a $1.9 million settlement in the case.
Court and County
Supreme Court, New York County
Age and Occupation of Plaintiff
At the time of the accident, Plaintiff was a 34-year-old mason who had been a member of Bricklayers and Allied Craftworkers Local 1 for five years. He is single with no children.
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Description of Case
This matter stems from a construction site accident that occurred at the Success Academy, High School of Graphic Arts, and more specifically the Mather Building Arts & Craftmanship High School located on 50th Street between 9th and 10th Avenues in Hell’s Kitchen. The project was for the installation of new exterior brick to certain portions of various school buildings. The subject building and property were owned by Defendants City of New York and the New York City School Construction Authority who hired co-Defendant ANSU Construction to act as the general contractor. Plaintiff was an employee of the mason subcontractor Ladi Construction.
Plaintiff, a mason, was caused to fall from an unsecured ten-foot straight ladder that was leaning up against a wall. Plaintiff claims the ladder slid out causing the ladder and Plaintiff to fall to the ground below with Plaintiff landing on his left elbow. Plaintiff alleged violations of the NY State Labor Law sections 240(1) and 241(6) in that the ladder was inadequately secured and that the ladder footings were not firm and level.
Defendants argued that Plaintiff set up the ladder by himself and failed to get assistance to perform the intended work as instructed and was the sole proximate cause of his accident.
Injuries/Damages
Plaintiff alleged to have sustained significant injuries to his left elbow as a result of the subject accident.
Plaintiff had immediate pain and inability to move the left elbow. EMS arrived at the scene and noted that Plaintiff was unable to move or extend the left arm with obvious deformity of the left elbow. Plaintiff was transported from the scene of the accident to the ED at NYU Langone Hospital where diagnostic studies revealed an acute minimally comminuted fracture of the radial head and lateral epicondyle as well as a small avulsion fracture along the anterior aspect of the coronoid process. A closed reduction was performed and Plaintiff was placed in a long arm cast. Weeks later Plaintiff underwent surgery to the left elbow consisting of an open reduction and internal fixation. Due to continued complaints of pain and restricted range of motion Plaintiff underwent three additional surgeries to the left elbow including two arthroscopic debridement procedures and finally a hardware removal surgery. Plaintiff still complains of pain and limited range of motion of the left elbow.
The Defendants argued that Plaintiff healed well from the injury to the left elbow, his non-dominant arm, and that he is capable of working full-time in many positions. Further, defendants argued that no further treatment was necessary and plaintiff can engage in all activities of daily living without any restrictions.
Settlement
The matter settled for $1,900,000.
Attorneys
The case was handled by partners Stephen J. Murphy and Michael J. Hurwitz.