2 Brothers in a Construction Accident - $3,200,000 Settlement
Brief Result Summary | Construction Accident Case Results | Mainetti Mainetti
Date of Settlement: August 13, 2014
Case Facts: A recent construction accident case was resolved in Supreme Court, Ulster
County involving two brothers who were seriously injured, when a wall
collapsed toppling the scissor lift which they were working on to the
ground. The brothers fell approximately 20 feet to the floor from the
elevated platform of the lift. The wall collapse was caused by the failure
to attach brackets from specific wall panels to supporting building columns
and critically a wall panel was removed which formed the corner and right
angle intersection of two walls. This left a free standing straight wall
not connected or supported by a right angle corner which collapsed. The
removal of the corner wall panel as well as failure to provide the brackets
attaching the wall panels to supporting columns caused the wall to fall
striking the scissor lift and toppling it over.
Both brothers sustained very serious injuries. The younger brother healed
unexpectedly well enabling him to, unbelievably, return to his construction
job after approximately six months. Unfortunately, the older sibling will
not be able to return to construction ever again.
The younger brother sustained a vertebral fracture and was hospitalized
for almost two weeks, but underwent no surgeries.
The older brother sustained fractures to his spine and sacrum, requiring
spinal fusion and internal fixations as well as multiple other injuries
requiring hospitalization and rehabilitation for approximately two months.
The case was brought under Section 240 of the Labor Law which requires
that workers be provided a safe place to work.
There was no defect in the scissor lift itself. The collapse of the lift
was not the fault of any design problem, or its operation by plaintiffs.
However, the scissor lift was improperly placed at the direction of defendants
adjacent to the 14 foot high unbraced wall in a position allowing it to
be struck when the wall fell causing its collapse.
The case was settled just prior to trial for the sum of $3,200,000.00.
The younger brother, represented by Joseph E. O’Connor, receiving
$500,000.00 and the older brother, represented by Alfred B. Mainetti,
receiving $2,700,000.00. Joe O’Connor and Al Mainetti are partners
in the firm Mainetti, Mainetti & O’Connor, P.C.