New York — This 51-year-old construction accident victim suffered leg fractures and other personal injuries while at work. The work injury occurred when the worker fell from a ladder. With the assistance of the labor law and injury specialists at Morrison & Wagner, the injured worker received a settlement of $375,000 from the defendant.
Illustrative Photo Credit: Jay Gorman [License]
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Labor law – fall from ladder – summary judgment on liability – tibia and fibula fractures with surgery (VerdictSearch)
Settlement Amount: $375,000
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Court: New York Supreme, New York County, New York
Case Type: Construction – Labor Law, Scaffolds and Ladders
Date: March 5, 1999
Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner
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Facts:
The plaintiff, a 51-year-old laborer fell from a ladder on 1/11/95 while performing construction in Manhattan. The defendants owned and managed the building. The plaintiff was granted summary judgment against the defendant, pursuant to Labor Law § 240(1), and the defendant was granted summary judgment against Third-party defendant.
Injury:
Comminuted and impacted tibial fracture with lateral displacement; transverse fracture of the fibular shaft. The plaintiff underwent open reduction and internal fixation, external fixation, and a bone graft to the fibular fracture from the iliac bone crest.
Result:
This Labor Law action settled after jury selection for $375,000, plus the waiver of a $60,000 Workers’ Compensation lien.
Demonstrative evidence: Pltf. would have introduced photographs of injury; X-rays.