Date of Settlement: January 7, 2013
Court: Supreme Court, Ulster County
Age/Occupation: A 31 year old Wawarsing man was badly injured in an accident when he fell from a roof on December 28, 2010.
Case Facts: A 31 year old Wawarsing man was badly injured in an accident when he fell from a roof on December 28, 2010. The plaintiff was 29 years old on the date of the accident, the accident occurred in Liberty NY. The plaintiff was repairing a damaged chimney on the roof of a commercial building owned by the defendant. Plaintiffs law firm argued that the defendant failed to provide proper safety devices and violated the NY State Labor Law in failing to provide protection to workers working at an elevated risk. The defendant’s lawyer, Patrick Gerraghty of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP denied these allegations. The matter was scheduled to be tried on March 4, 2013.
The plaintiff suffered severe injuries to his lower back which required multiple surgical interventions and it was undisputed that the plaintiff’s injuries will leave him with a permanent disability. The plaintiff had suffered an L5-S1disc herniation that required posterior interbody fusion. The surgery required the insertion of an interbody cage device and local autogenous bone graft. Additionally, the surgeon performed a lumbar laminectomy to relieve his ongoing pain. During the surgery, a tear to his dura occurred resulting in a cerebrospinal fluid leak which caused ongoing headaches and other neurological complications.
Plaintiff made claims under Section 240 and Section 241(subsection 6) of the New York State Labor Law, stating that the defendant failed to provide the plaintiff with proper ladders and scaffolds while he was working at an elevated work site. The matter was pending before the Honorable Henry Zwack acting Supreme Court Justice in Ulster County.
As published in Verdict Search, one of the most recognized publications for major settlements