Date of Settlement: August 31, 2004
Court: Supreme Court Ulster County
Age/Occupation: Plaintiff 31 year old iron worker.
Case Facts: Plaintiff while employed to repair interior of huge cement kiln is injured while exiting kiln because of defective exitway and ladder as proper exitway was unsafe as a result of the work being performed.
Injuries/Damages: Fracture of the tibia, closed reduction, ACL reconstruction, patellar tendon grafting, economic loss.
NOTE: Significant issue existed as to whether work was repair or routine maintenance. Difficult fact situation. Therefore, case settled. Case handled by Joseph O’Connor.