Plaintiff was on the job using a ladder to repair a tension spring - $1,325,000 Settlement

Brief Result Summary | Construction Case Results | Mainetti Mainetti & O'Connor

Plaintiff was on the job dispatched to repair malfunction tension spring on commercial garage door - $1,325,000 Settlement

Date of Settlement: September 3, 2010

Court: Supreme Court, Ulster County

Age/Occupation: 38 year old Overhead Door Installer

Case Facts: Plaintiff, an overhead door installer who dispatched to a job site to repair a tension spring on a commercial overheard door which plaintiff's company had previously installed. Plaintiff had been provided a ladder for the performance of the work which was an improper device for the nature of the work. The ladder provided was unsecured and when spring tension released during the work, the ladder and plaintiff fell ten feet to the ground. These facts constituted a violation of the Labor Law of the State of New York as plaintiff's work was performed at a height, to wit; ten feet above the ground and he was provided an improper and unsafe device upon which to perform the work. Expert testimony was adduced regarding the violation of the Labor Law and the case resolved by settlement just prior to Trial.
INJURIES/DAMAGES: Open Reduction Internal Fixation of Right Tibia/Fibula, Right Pilon Tibia/Fibula Open Reduction Internal Fixation, Emergent External Fixation of Right Lower Extremity, Fracture of Distal Fourth of Right Fibula.
NOTE: Case prepared and handled by Alfred B.Mainetti Esq. of Mainetti, Mainetti & O'Connor, P.C..

Awarded: $1,325,000

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