$2,250,000 Settlement
Construction accident — Labor Law 240(1) falling object
Construction accident
Labor Law 240(1) falling object
Supreme Court
State of New York, New York County
Settlement
$2,250,000
Jonathan S. Wachlarz, Esq.
Shulman & Hill
The Case
The plaintiff, a 59-year-old construction worker, was cleaning up debris on the third floor of a new high-rise construction project in downtown Brooklyn when he was struck in the back by a large metal shoring pole that had not been properly placed, secured, or attached to the ceiling. The pole was being used to support a newly poured concrete ceiling. The plaintiff sustained injuries to his cervical, thoracic, and lumbar spine and right shoulder, ultimately undergoing a spine and shoulder surgery, along with a course of injections.
The Challenge
The plaintiff's summary judgment motion on liability under Labor Law 240(1) and 241(6) had been fully submitted but remained undecided at the time of mediation, meaning the case settled without an established liability ruling. Defendants had made no offer prior to mediation, and the case involved a workers' compensation lien of over $310,000, along with substantial future damages claims.
The Result
The $2,250,000 settlement delivered a substantial recovery for an older worker with spinal injuries, a surgically repaired shoulder, and significant future medical needs. This result was achieved without waiting for a ruling on the pending summary judgment motion, sparing the client further delay and the uncertainty of continued litigation.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.