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$________ Sec. ________ (1) Labor Law – Plaintiff working on renovation of exterior Housing Authority building allegedly struck by unsecured bricks that fall from above – Plaintiff then falls approximately one story through unguarded hole in scaffold planking – Multiple lumbar and cervical herniations – No disc surgeries – Meniscal tear – Arthroscopic surgery – Inability to work.

Queens County, NY

The plaintiff, who was engaged in renovation work on portions of the exterior of an apartment complex owed by the defendant NYC Housing Authority, contended that he was struck by several unsecured bricks that fell from the building bulkhead located one story above where he was positioned and that he was knocked down, falling through an unsafe opening in the platform planking, landing on the scaffold platform approximately one story below. The defendant denied that the incident involving bricks occurred and contended that the plaintiff simply fainted and fell.

The plaintiff pointed out that he gave a consistent history at the emergency room. The plaintiff also maintained that although the actual incident was not witnessed, co-workers who were on a different side of the building, immediately came to his aid.

The plaintiff asserted that he suffered herniations at L3-4 and,L4-6 , C3-4; C4-5;and C6-7. The plaintiff contended that despite conservative care, including PT, he will suffer permanent pain and weakness. The plaintiff further contended that he sustained a tear to the medial meniscus and that conservative treatment was inadequate, prompting arthroscopic surgery. The plaintiff claimed that he will not be able to return to work.

The defendant maintained that the plaintiff suffered from degenerative disc disease that accounted for his back complaints. The plaintiff countered that he had no prior symptoms or treatment.The case settled prior to trial for $________.

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