The Perecman Firm, secured a $5,300,000 jury verdict for a man who broke his heel when he fell from a ladder.
The Perecman Firm, represented a client who sustained a fracture, heel/calcaneus, arthritis, complex regional pain syndrome, sural nerve injury, comminuted fracture, reflex sympathetic dystrophy, open reduction, internal fixation, physical therapy and tenolysis/tendolysis after falling from a ladder.
On Dec. 21, 2011, our client, a union-affiliated carpenter, worked at a construction site that was located at 333 E. 38th St., in Manhattan. During the course of the plaintiff’s work, he fell off of an A-frame ladder. He fell a distance of two to four feet, and he landed on a concrete floor. He sustained an injury of a heel.
The plaintiff sued the premises' owners, the construction project's general contractor, and the premises' tenant. The plaintiff alleged that the defendants violated the New York State Labor Law.
The plaintiff claimed that the ladder suddenly shifted while he was descending it. He claimed that the ladder was not braced or secured, and, as such, he contended that it was not safe. The plaintiff’s counsel contended 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. The plaintiff’s counsel also contended that the defendants failed to provide or ensure reasonable and adequate protection, as required by Labor Law 241(6). The plaintiff’s counsel further contended that the defendants violated Labor Law 200, which defines general workplace-safety requirements.
Defense counsel contended that the ladder was safe, that the plaintiff willingly selected the ladder, and that alternative devices were available at the work site. The case settled after the jury verdict for $5,300,000.