$3,500,000 for a journeyman that sustained a head injury while constructing a scaffold

COURT AND COUNTY
Supreme New York

AGE AND OCCUPATION OF PLAINTIFF
37 year old carpenter

DESCRIPTION OF CASE
Plaintiff, a union carpenter, suffered injuries to his head when struck in the head by a metal beam during the erection of scaffolding. Defendants claimed that the Labor Law did not apply to this case, and that Plaintiff was the sole cause of the accident. Plaintiff moved for summary judgment on the issue of liability, and won. Defendants appealed that decision, and the lower Court’s ruling in Plaintiff’s favor was upheld.

INJURIES/DAMAGES
Plaintiff suffered injuries to his head, causing ongoing headaches, cognitive deficits and depression. Plaintiff was rendered unconscious, but all diagnostic testing relative to the brain was normal. Defendants claimed that Plaintiff made a complete recovery from his injuries, was capable of full time employment and did not require any further medical care.

VERDICT/SETTLEMENT AMOUNT
$3,500,000. This case settled prior to trial. This matter was handled by S. Joseph Donahue, Esq. and Daniel P. O’Toole, Esq. of the firm.