New York Construction Accident Case Settles For $2,500,000: Mason Falls From 20-Foot Retaining Wall

A construction accident case filed in Dutchess County, New York recently settled for $2,500,000 ($1,700,000 from owner’s insurance carrier, $550,000 from Worker’s Compensation, and $250,000 from employer’s general liability carrier) after jury selection. The plaintiff in the case was a 47 year-old non-union mason. He fell off a 20-foot retaining wall that he was working on, and as a result, suffered a traumatic head and brain injuries, as well as serious injuries to his neck and back.

The plaintiff sustained a herniated disc at L5-S1, a torn right anterior cruciate ligament, and a right parietal skull fracture. He underwent a craniectomy and cranioplasty at Westchester Medical Center and a right knee arthroscopy. He has also developed a seizure disorder and requires ongoing treatment and rehabilitation. He has not returned to work.

The plaintiff filed suit in Dutchess County, NY against the owner of property, who in turn, filed a third-party action against his employer. Plaintiff claimed that the owner of the property violated Labor Law 240(1) in failing to provide him with protective equipment while he worked at a height. Motions for Summary Judgment made by the defendants were denied.

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC represent construction workers that have been injured on the job. Our goal is to ensure that our clients receive maximum compensation for their pain and suffering, lost wages, and past and future medical bills. Please contact us now if you or a loved one has been injured on a construction site.

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