Plaintiff was on the job using a ladder to repair a tension spring - $1,325,000
Brief Result Summary | Construction Case Results | Mainetti Mainetti &
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..