Our NY personal injury injury law firm is proud to announce that our partners Anthony H. Gair and Christopher J. Donadio obtained a $6.5 million settlement for a construction worker injured in Manhattan.
The case involved a worker who was injured while performing demolition work at a large construction site. On the day of the incident, the worker was instructed by his foreman to remove any material that was attached to the permanent ceiling on the second floor of the work site. In order to perform the work, the worker was required to use a large blowtorch while standing on a mobile scaffold. Unfortunately, the provided mobile scaffold did not have any safety railings. While the worker was performing his work on the scaffold, he lost his balance and fell headfirst to the concrete ground six to eight feet below.
The worker was rushed to Bellevue Hospital where he was diagnosed with a skull fracture and a brain injury. He was forced to undergo several surgeries as a result of his injuries.
The law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf brought a lawsuit on behalf of the injured worker against the owner of the building and the general contractor of the project under the New York Labor Law §240(1), §241(6) and §200.
As a result of the worker being injured by a fall from a scaffold without safety railings, partner Christopher J. Donadio filed a motion for summary judgment under New York Labor Law §240(1), asking the New York Country Supreme Court to find the defendants responsible for the incident. The Supreme Court denied the motion, Mr. Donadio appealed the decision to the First Department of the Appellate Division. After oral argument, the First Department reversed the lower court’s decision and found that the defendants were responsible for the worker’s injuries. A copy of the Appellate Division’s decision can be found here: Appellate Division Decision SJ Redacted
Following the decision by the Appellate Division, the case was settled at a mediation for $6,500,000.