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ARTICLE ID 201613

$________ Labor Law – Plaintiff struck by concrete as he is standing on scaffold and falls 6-8 feet to floor below – Skull fracture – TBI – Alleged inability to work.

Kings County, NY

The plaintiff, in his 50s, maintained that as he was standing on a scaffold and in the process of using a crow bar to make a hole in the sheet rock of the first floor ceiling located directly below a damaged area of the second floor, he was struck by sections of the concrete on the second floor that collapsed and fell down onto him. The plaintiff claimed that Sec. ________ (1) was violated. The plaintiff further asserted that was not provided with adequate protection as required by New York State Industrial Code Sec.23-3.3; and that Labor Law Sec ________ (6) was violated as well. Following the impact, the plaintiff was knocked off of the scaffold and fell six to eight feet to the floor below. The defendants contended that the plaintiff was in the process of performing a demolition at the time of the accident and that the floor/ceiling collapse was a structural component of the building that was under renovation; denying that the Labor Law applied.

The plaintiff contended that he was engaged in repairs at the time of the incident and denied that the defense position should be accepted. The plaintiff suffered a skull fracture, subdural hematoma and a subarachnoid hemorrhage. The plaintiff maintained that he suffered permanent significant cognitive deficits and denied that he will be able to return to work. The plaintiff has not worked since the incident.

The defense asserted that the plaintiff made a good recovery and contended that he can return to work.The case settled prior to trial for $________.

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