Plaintiff 45 year old union iron worker - $1,400,000 Settlement
Brief Result Summary | Slip & Fall Case Results | Mainetti Mainetti
Date of Settlement: July 21, 2008
Court: Supreme Court, Ulster County
Age/Occupation: Plaintiff, 45 year old union iron worker unmarried at time of injury.
Case Facts: Plaintiff was employed at SUNY College campus constructing a new gymnasium
and fell while descending a scaffold containing an integral vertical ladder
along one side fell. It was established that the scaffold had been erected
beyond height limitations which caused the scaffold to shimmy and shake
contributing to the plaintiff's fall of approximately twenty feet
to the foyer floor. Defendant argued that the plaintiff's fall was
caused by plaintiff simply mis-stepping on the integral vertical ladder
of the scaffold and that the cause of plaintiff's fall was solely
plaintiff's negligence. The fact that the scaffolding was an improper
device for the work to be performed by plaintiff and his fellow worker's
was a violation of the Labor Law of the State of New York and arguably
established liability as against the general contractor and owner of the property.
INJURIES/DAMAGES: Right bicondylar tibia plateau fracture, right anterior
compartment faciotomy primary closure, pretibial laceration requiring
flat coverage atrophy of the right leg, scarring, over (2) years after
injury, plaintiff underwent total knee replacement, right know, which
was claimed to be related to initial trauma. Aggravation previous C5-6
cervical fusion.Plaintiff maintained union membership subsequent to the
fall and throughout the law suit, but was unable to perform all union
work activities required by his employment and made a lost income claim
of approximately $506,000 to $826,000.
NOTE: Very serious issue of liability was present in this case as to whether
the shaking of the scaffold was a cause of plaintiff's fall or whether
plaintiff had simply mis-stepped and fallen. Case was handled by Alfred Mainetti.