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Result: $1.2 Million Settlement for Union Laborer Seriously Injured by Falling Cinder Block

The Perecman Firm secured a $1,200,000 settlement for a union laborer who suffered serious injuries when a cinder block fell on his knee.

The Perecman Firm, P.L.L.C. represented a client who suffered hip and knee injuries.

On March 5, 2011, the plaintiff, 44, a union-affiliated laborer, worked at a renovation site that was located in Manhattan. The plaintiff was removing portions of a wall composed of cinder blocks, to create openings that would house ductwork. He was utilizing a scaffold and a sledgehammer. During his performance of the work, he was struck by a block that had fallen out of an overhead position. The block had been situated immediately above an area that the plaintiff had opened. The plaintiff claimed that he suffered injuries of a hip and his knees.

The plaintiff sued the renovation site's tenant and the premises' managing agent. The lawsuit alleged that the defendants negligently failed to provide a safe workplace. The lawsuit further alleged that the defendants' failure constituted a violation of the New York State Labor Law.

The plaintiff’s counsel contended that the wall should have been braced or otherwise secured, to prevent dislodgment of a block. The plaintiff claimed that the wall had not been protected in any manner. The plaintiff’s counsel contended that the accident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

The plaintiff’s counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages.

The parties negotiated a pretrial settlement. The defendants' insurer agreed to pay $1.2 million.

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