Result: $2.1M Settlement for Injured Worker Who Fell Through Roof
$2+ Million Settlement Obtained in Queens County Workplace Negligence Case
The Perecman Firm, P.L.L.C. secured a $2.1 million settlement in Queens County on behalf of a client who suffered a fractured femur and other injuries while working on a HIP building on Metropolitan Ave. in Maspeth. The incident occurred in January of 1997.
The plaintiff, a 39-year-old plumber and mechanic, was injured after he fell through an opening in the building’s roof. The opening had been covered with insulation made of Styrofoam, as well as steel doors which were positioned four feet above a lower hole. In the lawsuit, the plaintiff claimed the doors were not in place, and that the insulation used was not an adequate covering.
The defendants named in the lawsuit argued the steel doors were sufficient in preventing access to the insulation-covered hole, and that the plaintiff should not have been in the location where the accident took place.
As a result of the fall, the plaintiff sustained a fractured femur which required an open reduction and internal fixation with medical hardware, in addition to a torn meniscus in his knee, and was unable to return to work. The defense argued the fracture had healed completely and that it was not in the joint, that the meniscus tear was not caused by the fall as it had been diagnosed at a later date, and that the plaintiff could still find other employment.
Following the close of evidence, the court dismissed claims against two defendants, and directed a verdict in favor the plaintiff against the realty company and building owner. The action was ultimately settled before the conclusion of trial for $2,100,000.