F&A settles construction accident case for $2,800,000.00
Frekhtman & Associates settled a construction accident litigation matter on behalf of a client for $2,800,000.00 on Tuesday December 20, 2011 at a mediation in Manhattan, NY. The case involved a construction worker who was part of a crew rebuilding the sewer system in Far Rockaway, Queens, NY. The plaintiff was inside an access manhole while an excavator operator attempted to lift a trench box cemented into the ground of the same manhole. As the trench box was being lifted, a piece of concrete came loose falling off the trench box and striking the plaintiff in the lower back as he was bent over working inside the manhole. He continued working that day but later went to a pain management doctor who conducted an MRI and found a herniated disc in his lumbar spine (lower back). The doctor performed a series of pain management injections and when that did not help referred the patient to a specialist who conducted surgery to the patient's lower back. The damages award was bolstered by use of experts including an economist to prove future lost wages, a vocational rehab expert to explain how the plaintiff could not work outside the construction industry, and the surgeon who opined about the cost of future medical care. The theory of negligence was against The City of New York as owner of the roadway under section 240 of the NY Labor Law. Since plaintiff's employer was the only contractor present during the sewer construction, there were no other defendants in the case.