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New York Personal Injury Attorneys

Firm Partner Eric Schwarz Obtains $2.15 Million Settlement for Victim in Labor Law Case

January 27, 2021 in

On Jan. 15, 2021, Eric Schwarz reached a $2.15 million settlement for a client who was injured in a construction accident when ejected from a transport vehicle traveling in a subterranean tunnel.


Journeyman Operating Engineer Injured When Transport Vehicle Flipped In Subterranean Tunnel

A then 35-year-old journeyman operating engineer was injured in an accident that occurred in course of an ongoing rehabilitation project of an underground aqueduct system. This system supplies water to the City of New York. The accident occurred in a subterranean tunnel while the victim and his coworkers were being transported to the section of the subterranean tunnel they were refurbishing when the transport vehicle rolled over and ejected them. Schwarz’s client was injured when he became pinned between the tunnel wall and the site-built bench he was sitting on in the flatbed section of the transport vehicle.


Inexperience of the Vehicle Operator, Inadequate Lighting, and Lack of Proper Protective Measures Led to Incident

The accident occurred while the transport vehicle was being operated in reverse  to transport the client and his coworkers to the site location almost a mile into the tunnel. In the area where the accident occurred, the tunnel was completely dark as there were no lighting fixtures beyond 150 feet south of the tunnel shaft. This was due to the lack of electrical service. There were no lights on the back of the transport vehicle itself. Illumination to the rear of the vehicle was provided by a handheld light that was plugged into the cigarette lighter held by a person riding on the hood of the transport vehicle.

Schwarz’s plaintiff was seated on a site-built workbench that was placed in the flatbed of the transport vehicle. The bench was not secured to the flatbed in any manner and was not fitted with seatbelts. The transport vehicle was being operated by an untrained and undesignated operator who had never operated the vehicle before.

As the transport vehicle operator was driving in reverse in the tunnel for thousands of feet, the steering column came down onto his knee, prompting him to turn around and hit his knee on the steering wheel and lose control of the vehicle. The operator had been looking over his shoulder into the pitch-black tunnel being illuminated by a bouncing handheld light plugged into the cigarette lighter. As a result of the loss of vehicle control, the vehicle climbed the circular tunnel wall and rolled over onto its side.


Partner Eric Schwarz Obtained $2,150,000 Settlement to Cover the Plaintiff’s Medical Expenses and Other Losses

Firm Partner Eric Schwarz represented the plaintiff in his case and fought to obtain a substantial settlement that would relieve the plaintiff’s medical expenses, pain and suffering, and other losses. Ultimately, a substantial settlement totaling $2.15 million was reached on behalf of the plaintiff.

About Firm Partner Eric Schwarz

Firm Partner Eric Schwarz has been with the firm for his entire legal career over which he has distinguished himself litigating medical malpractice and general negligence cases. He primarily focuses in the areas of medical malpractice, personal injury and product liability. To learn more about Eric Schwarz and other notable cases he has litigated, click here.

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