$3,250,000 Settlement for a Plumber Who Fell From an Unsecured Ladder

Our client was subcontracted as a plumber for the construction of a new building in Manhattan. He was instructed to work from an unsecured ladder and fell, resulting in permanent injuries to his spine and wrist. Represented by our attorneys, Daniel O’Toole and Fred Aranki, he received a $3,250,000 settlement.

Description of Case
This matter arises out of a construction site accident that occurred on August 11, 2020, at a job site in Manhattan at which our client, the Plaintiff, was employed. The subject construction project involved the construction of a new building in midtown Manhattan. Plaintiff was employed as a plumber for a subcontractor of the project’s General Contractor. The Defendants in this matter were the building owner and the project’s General Contractor.

On the date of the accident, our client was cleaning a pipe in the ceiling as part of the installation of new plumbing in that area. To perform his work, he was specifically instructed by his foreman to use a 6-foot A-frame ladder. The work being performed by our client required him to reach out his arms while standing on the ladder. While performing his work, the unsecured ladder moved out from under him, causing the Plaintiff to fall and sustain significant injuries.  Plaintiff moved for summary judgment on the issue of liability based on his Labor Law section 240 claim. This motion was pending before the Court at the time of the settlement.

The construction injury attorneys at Block O’Toole & Murphy are experienced in litigating work accident cases that involve ladder falls. If you’ve been hurt in a ladder accident, our attorneys are here to help. Dial 212-736-5300 or fill out our Contact Form to speak with an experienced lawyer today. We serve all New York State, including the Bronx, Manhattan, Queens, Brooklyn, Staten Island, Long Island, New Rochelle, Syracuse, Buffalo, Rochester, Yonkers, and Albany.

Injuries/Damages
Plaintiff was seriously and permanently injured as a result of the accident. He was taken by ambulance from the jobsite to a nearby hospital. He suffered a left acute Galeazzi fracture with distal radial diaphyseal fracture and dislocation of the distal radioulnar joint and a radial shaft fracture on the left side. He required open reduction and internal fixation surgery to repair these fractures.

Plaintiff underwent an MRI of the lumbar spine which demonstrated disc herniations at the L3-4 and L5-S1 levels. Conservative treatment in the form of physical therapy and pain management failed so he required surgery to repair the structural damage to his lumbar spine.  Plaintiff underwent a lumbar spine fusion surgery which included implantation of hardware to repair his spine.

An MRI of the cervical spine demonstrated disc bulges at the C3-4 and C4-5 levels and a herniation at the C6-7 level. He has also undergone conservative treatment for these injuries though has not undergone cervical spine surgery. Plaintiff’s treating spine surgeon opined that future cervical spine surgery was a possibility.

Plaintiff’s expert Physical Medicine and Rehabilitation specialist opined that he would need lifelong treatment to his lumbar spine, left wrist and cervical spine due to the injuries he suffered in the accident and that this treatment would be associated with costs. He opined that the Plaintiff would need future visits with a spine specialist, pain management specialist, orthopedic surgeon, future physical therapy, future diagnostic testing and medications to treat the injuries and continued pain and symptoms related to the accident. This specialist and Plaintiff’s treating doctor also opined that Plaintiff was disabled from employment as a plumber. Plaintiff retained an expert economist who prepared an economic loss analysis relating to the cost of future healthcare. This economist also calculated the future loss of income and loss in social security retirement income.

Settlement Amount
This matter settled for $3,250,000.

Handling Attorneys
The case was handled by firm Partners Daniel O’Toole and Fred Aranki.