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$________ Labor Law – Plaintiff laborer struck in head by several plywood boards that fell approximately ten fee – Laceration and noticeable scarring near eye – Tear to non- dominant shoulder – Shoulder surgery contemplated in near future – Closed head injury – Concentration and memory deficits, as well as moderate visual spatial disturbance – Inability to work.

Kings County, NY

The plaintiff labor, 61 years at the time, contended that as he was working at a construction project of a new residential high rise apartment building, he was struck by a 4” by 8” foot section of plywood; and several 2” by 4” pieces of lumber that fell a distance of about ten feet from the level above.

The section of plywood was being used as concrete decking fell when it was dislodged by co-worker worker who was using a crowbar. The plaintiff maintained that the defendants owner and general contractor were absolutely liable under Labor Law Sec. ________ (1).

The plaintiff claimed that he suffered a facial laceration that left a noticeable scar near the eye that is permanent in nature. The plaintiff also asserted that he suffered a tear to the non-dominant shoulder that will require surgical intervention in the near future. The plaintiff further contended that he suffered a closed head injury that will permanently cause a moderate deficit involving memory and concentration and a moderate visual/spatial deficit that is permanent in nature. The plaintiff claimed that he can no longer work.

The defendants maintained that the plaintiff made a better recovery than claimed, and denied that any income loss claim is significant, pointing to his age.The case settled prior to trial for $________.

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