Result: $3.072 Million Recovered for Worker Injured In Fall From Ladder
The Perecman Firm secured a $3,072,931 jury verdict for a worker who was injured in a fall from a ladder.
The Perecman Firm, P.L.L.C. represented a client who sustained herniations of his C4-5, C5-6 and L5-S1 intervertebral discs and trauma that produced impingement of his left, non-dominant arm's shoulder.
On Feb. 16, 2007, the plaintiff, a construction worker, worked at a construction site that was located at in Manhattan. The plaintiff was plastering a ceiling, and the work necessitated his use of a ladder. The plaintiff claimed that the ladder collapsed while he was standing on its fourth or fifth step. He contended that he sustained injuries of his back, his neck and a shoulder.
The plaintiff sued the premises' owner. He alleged that the construction site violated the New York State Labor Law.
The plaintiff claimed that the ladder was not structurally sound. He contended that the ladder had been shaking for several hours and that he informed a supervisor, but that a replacement was not provided. The plaintiff’s counsel claimed that the incident 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.
Defense counsel noted that the accident was not witnessed and that a report was not filed.
The plaintiff’s counsel moved for summary judgment of liability, and the motion was granted. The trial addressed damages. A settlement amount of $3,072, 931 was reached after the jury verdict.