Our NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz, Anthony H. Gair and Christopher J. Donadio obtained a $5.85 million settlement in a construction accident that occurred in Queens.
The case involved a construction worker who was injured while performing asbestos removal work on a building rooftop in Queens, NYC. He fell 15-20 feet into the building when the roof collapsed in the area where he was working.
He was rushed to North Shore University Hospital where he was diagnosed with fractures to his spine. While in the hospital, he underwent a percutaneous fusion from the T10 vertebrae to the L2 vertebrae. He remained in the hospital for three and a half weeks after the accident. Following his discharge, he underwent several months of physical therapy and also received epidural steroid injections in his lower back.
GGCRBHS&M senior partner Anthony H. Gair brought a lawsuit on behalf of the construction worker against the owner of the building and the roofing contractor who was also working at the building at the time of the accident. Mr. Gair brought the case against the defendants under the New York Labor Law §240(1), §241(6) and §200.
During the litigation, the defendants argued that they were not at fault and that the injured worker was fully responsible for his own accident. The defendants argued that he should have been wearing his safety harness at the time of his fall and that he should have been secured to a fall arrest cart. They also argued he should have realized that the area of the roof where he was working was not able to support his weight. The defendants asked Judge Edgar Walker of the Kings County Supreme Court of New York to dismiss his case.
Despite the arguments made by the defendants, rather than dismiss the case, Judge Walker found that the defendants were 100% at fault for the accident. Click on the links for a copy of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf attorney Christopher J. Donadio’s Motion for Summary Judgement and the Decision by Judge Edgar Walker.
Following Judge Walker’s decision, the case was scheduled for a trial on damages in January 2017. The plaintiff was to be represented by GGCRBHS&M managing partner Ben B. Rubinowitz and associate Christopher J. Donadio at trial. However, on the morning of jury selection, the case was settled in the amount of $5.85 million dollars.
Falls are a leading cause of death and injury in the construction industry. This week, OSHA is partnering with key groups , including the National Institute for Occupational Safety and Health (NIOSH), the National Occupational Research Agenda (NORA) to raise awareness about falls. All employers in the construction industry are invited to conduct a safety stand down by taking a break with their workers to have a toolbox talk or another safety activity such as safety equipment inspections, developing rescue plans, or discussing job specific hazards.