ARTICLE ID 29129
$________ - SECTION ________ LABOR LAW - PLAINTIFF FALLS APPROXIMATELY 10 FEET WHEN WOODEN PLANK BREAKS - PLAINTIFF IMPALED ON FIVE-FOOT REBAR PROTRUDING FROM GROUND - PARAPLEGIA.
Bronx
This was a Labor Law Section ________ (1) case involving a male
construction worker, age 42 at the time and 45 at trial, who
contended that he was not appropriately supplied ladders or any p 7 3
fall protection devices while walking across a 2 x 10 wooden
plank situated above two temporary foundation walls after having
been directed to remove the walls. The plaintiff contended that
as he was walking on the plank, it snapped, causing him to fall
approximately ten feet, landing feet first and being literally
impaled by a five-foot, steel reinforcing rod that had been
protruding from the ground. The rebar entered to the side of the
rectum and caused severe injury to the spinal cord, leaving the
plaintiff an L-2 paraplegic. The court found a violation of
Section ________ (1) as a matter of law and also granted the
defendants motion for indemnification against the third-party
defendant employer. The defendant had also contended that the
plaintiff had been told to use ladders and not planks to cross
this area and that his failure to heed such directives rendered
him a recalcitrant employee. The plaintiff countered that the
defendant, who has the burden of proof on the issue, did not
introduce evidence that the ladders had been put in place, and
argued that the defendant had not met its burden on either this
issue or on the issue of sufficient specificity of the orders.
The court concurred and at the close of evidence, held that the
defense of recalcitrant employee was not available to the
defendant.
The evidence disclosed that when the plank broke and the
plaintiff fell, he landed on the protruding rebar, which entered
his body, reaching as high as the L-2 level and left him a
paraplegic. The evidence also disclosed that some three to four
feet of the rebar protruded from his body after he was impaled.
The plaintiff remained conscious and since there was no one in
the immediate vicinity to help him, he used his own cell phone to
call ________. The plaintiff was brought to the hospital and while the
plaintiff was under a general anesthetic, the physicians were
required to twist the rod out of his body.
The plaintiff was left with no sensation and no motor abilities
below the knees and very limited sensation and motor abilities
between the knees and groin. The plaintiff maintained that he
continues to suffer chronic pain because of pressure sores in the
sacral area through which the bar entered, and that such pain
will continue permanently. The plaintiff also contended that he
has remained determined to relearn to walk, and that he has
continued to engage in upper body rehabilitation attempts. The
plaintiffs physicians indicated that although there is no real
hope that he can accomplish this goal, it is, from an emotional
standpoint, beneficial that he be permitted to make such an
attempt. The plaintiff contended, however, that the stress of his
rehabilitation is causing bilateral carpal tunnel syndrome that
increases his pain.
The plaintiff had separated from his wife sometime before the
incident occurred. He has four children. The plaintiff maintained
that he attempts to remain as active as possible and drives a
specialized van.
The jury awarded $________, including $________ in stipulated
past medical bills, $________ for past lost earnings, $________
for past pain and suffering, $________ for future costs of
care, $________ for future lost earnings and $________ for
future pain and suffering. p 7 3
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