Plaintiff, a union-affiliated laborer, worked on the Niagara County Community College in Sanborn, New York. Workers loaded up a flatbed with several 300 pound windows which displaced while driving and fell onto Plaintiff's leg. He sued Niagara College, Niagara County, and the Board of Trustees.
Plaintiff sued under Labor Law Section 241(6), alleging that because the workers were not given the proper safety equipment to strap the windows to the sidewall of the truck it created a dangerous condition which led to his injury. He sustained a crushed fibula and tibia as well as muscle and ligament damage. Treatment included an operation and insertion of a rod. During his recovery, Plaintiff developed Deep Vein Thrombosis. Plaintiff required further surgery because of nerve impingement in the foot and leg. He remains on painkillers because of continuing pain in his leg and foot.
Plaintiff sought $10 Million in damages for future and past medical expenses, and future and past pain and suffering. The Judge found that defendants violated the NY Labor Law and awarded Plaintiff $7.25 million on damages.