SPBMCC Recovers Over $1.3 Million in Construction Site Accident Case
October 23, 2020 in Construction Accidents
SPBMCC recently recovered a total of $1,337,500 for an assistant superintendent who fell through an HVAC pre-cut hole on the bulkhead roof at a construction site.
Plaintiff Sustains Fracture After Construction Site Accident, Requiring Surgeries
The roofing company that the plaintiff worked for had placed roofing paper over the entire roof at the construction site, concealing the pre-cut HVAC hole. They also placed a piece of unsecured plywood over the top of the hole but failed to affix it pursuant to industry standards. While the plaintiff accompanied an inspector onto the roof, he noticed the unsecured plywood, kicked it away and subsequently stepped through, falling 10 feet below. He sustained a fractured humerus to his non-dominant arm complicated by right radial palsy, requiring open reduction and two surgeries to attempt to repair the radial nerve. The plaintiffs brought actions under Labor Law §240, 241(6) and 200.
The defendants contended that there were questions as to whether the plaintiff was the sole proximate cause of the accident, as he had been on the roof and was aware of the unsecured hole. They also argued that he kicked away the board, which was marked with an orange “X” indicating danger, and that he failed to wear a fall safety device when acknowledging that he was obliged to wear one when working near an edge.
Partner Marie Ng Obtains Over $1.3 Million in Damages for the Plaintiff
Despite the defendants’ arguments, SPBMCC ultimately secured $1,337,500 for the victim.
Contact the Skilled Attorneys at Sullivan Papain Block McManus Coffinas & Cannavo, P.C.
The lawyers at SPBMCC are highly experienced and accomplished trial attorneys whose efforts have resulted in multi-millions of dollars in settlements and verdicts on behalf of their clients in such diverse practice areas as construction site accidents, medical malpractice, and police and fire-related accidents. To learn more about SPBMCC and other notable cases they have litigated, contact our offices here: https://www.triallaw1.com/contact/.