$3,500,000 Settlement
Construction accident – Labor Law § 240(1) fall from ladder
Construction accident
Labor Law § 240(1) fall from ladder
Supreme Court
State of New York, Bronx County
Settlement
$3,500,000
Alex Shulman & J.J. Hill
Shulman & Hill
The Case
The plaintiff, a 65-year-old worker, fell from a broken and unsecured ladder while painting the interior of a bathroom in a residential apartment unit. He sustained serious spinal injuries requiring surgical intervention.
The Challenge
The defense seized on the plaintiff's age, arguing that his cervical and lumbar injuries were pre-existing and degenerative in nature rather than causally related to the accident. In addition, the lost earnings claim was limited due to the plaintiff’s age.
The Result
Plaintiff's counsel secured summary judgment on liability under Labor Law § 240(1), establishing the defendants' absolute liability well in advance of trial. The result was achieved due to commitment to the litigation process up to and immediately prior to the time of trial.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.