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$________ Labor Law – Plaintiff caulker at construction site falls as he is stepping down from sixth to fifth rung of ladder that shifts – Plaintiff strikes adjacent wall before falling to cement floor approximately five and six feet below – Fractured calcaneus – ORIF.

New York County, NY

The 46-year-old plaintiff, who was performing caulking while standing on an eight foot A-frame ladder, that was provided to him, contended that the ladder was unstable and shifted as he stepped down from the 6th rung to the 5th rung, resulting in his falling, hitting the adjacent wall and landing with force on the concrete floor, five to six feet below. The plaintiff maintained that he suffered a fractured calcaneus and required an open reduction and internal fixation. The plaintiff asserted that he will suffer permanent pain and difficulties standing for long periods of time and can no longer work at physically rigorous positions. The plaintiff was earning $________ $________ per year.

The plaintiff also contended that traumatic arthritis is very likely in the future and that he will probably require a future fusion of the calcaneus/ankle. The defendant took the position that the plaintiff is capable of working in a multitude of areas that are less physically rigorous.The case settled prior to trial for $________.

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