$2,825,000 Settlement for Non-Union Bricklayer with Severe Injuries After a Fall

Our client, a 47-year-old, non-union bricklayer, was hired to perform renovation work at a Brooklyn building. While building walls in an elevator shaft, Plaintiff and his co-worker fell 12-15 feet when the platform they were standing on suddenly collapsed. As a result of the fall, our client suffered injuries including multiple herniated discs as well as injuries to his right knee and right shoulder, which required surgery. Represented by BOM Partners Daniel O’Toole and Frederick Aranki, our client received a $2,825,000 settlement.

Court and County

Supreme, Kings

Description of Plaintiff

At the time of the accident, Plaintiff was 47-years-old. He was employed as a non-union bricklayer.

Description of Case

This case arises out of an accident that occurred at a construction renovation project in a building located in Brooklyn, New York. Plaintiff was employed as a bricklayer for a subcontractor who was hired by the general contractor. Plaintiff and his co-worker were building the walls of an elevator shaft at the time of the accident. Our client was seriously injured when he fell 12 to 15 feet when a platform upon which he and his co-worker were standing collapsed. Plaintiff made claims that the Defendants, who included the building owner and general contractor, violated Labor Law sections 200, 240(1) and 241(6).

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Description of Injuries/Damages

As a result of the fall, Plaintiff suffered a torn meniscus in his right knee, which required arthroscopic surgery to repair. He also suffered a partially torn rotator cuff and labral tear in his right shoulder which required arthroscopic surgery.

Plaintiff also suffered cervical disc herniations at the C2-C3 and C6-C7 levels and bulging discs at the C4-C5 and C5-C6 levels for which he underwent conservative treatment in the form of epidural steroid injections and physical therapy. Plaintiff suffered lumbar disc herniations at L3-L4 and L5-S1 for which he also underwent conservative treatment in the form of epidural steroid injections and physical therapy.

Plaintiff also alleged economic damages for future lost wages and future cost of healthcare.

Defendants’ expert spine surgeon examined the Plaintiff and found the following: no evidence of acute injuries to the cervical and lumbar spine, subjective complaints and findings only regarding the cervical and lumbar spine, the Plaintiff is neurologically intact, the Plaintiff suffered no injury to the spine beyond a contusion and/or sprain/strain. He also opined that Plaintiff was not disabled from employment or any restricted in any activities of daily living.

Defendants’ expert orthopedic surgeon also examined the Plaintiff and concluded that there is no evidence of any traumatically induced injuries to any body parts; MRI findings in spine are degenerative in nature and not caused by trauma. Defendants’ vocational rehabilitation expert would have testified at trial that Plaintiff is capable of returning to work as a bricklayer with no restrictions.

Settlement Amount

This case settled for $2,825,000 after mediation.

Handling Attorneys

This matter was handled by Partners Daniel P. O’Toole and Frederick C. Aranki.