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ARTICLE ID 195107

$________ – Labor Law Sec. ________ (1) – Fall protection – Plaintiff employed by subcontractor falls 26 feet from roof while replacing satellite dishes – Comminuted right wrist fractures – Rib fracture – Knee sprain – Aggravation of preexisting condition of lumbar herniation – Cervical herniation

Suffolk County, NY

This case involved a cable installer who was employed by a subcontractor engaging in a project in which satellite dishes were being replaced in various homes in the complex where the land is owned by the defendant Homeowner’s Association. The plaintiff also named the satellite dish company as a defendant.

The plaintiff contended that he was not provided crawl boards that would prevent him from slipping from the sloped roof. The plaintiff maintained that he slipped, was able to stop at the ladder, but that the ladder slid, causing him to fall some 26 feet.

The plaintiff asserted that the defendants were responsible under the absolute liability provisions of Sec. ________ (1). The defendants named the owner of the house itself, who could not be liable to the plaintiff because of the owner-occupied exception as a third party defendant.

The plaintiff suffered a right wrist comminuted triquetral fracture and radial styloid fractures, a fracture to the right radial head, a 7th rib fracture, a cervical herniation that was treated conservatively, and an aggravation of a preexisting lumbar herniation that was also treated conservatively.

The plaintiff maintained that he will suffer permanent pain and limitations, and can no longer work in a physical capacity; however, he has obtained alternative work in the computer field.

The defendant contended that the plaintiff will earn at least as much in this new field as he did while employed as a subcontractor. The case settled prior to trial for $________. Out of the settlement, the plaintiff paid $________ as a result of a compromise of the workers’ compensation lien.

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