In 2009, Plaintiff was working at a construction site on East 17th St, between 1st and 2nd Avenues in Manhattan. The union-affiliated ironworker was instructed to install a metal frame to support a floor duct. On his way to the work area he fell into a hole and sustained injuries to his neck, back, shoulder and knee.
Plaintiff sued the owner, Beth Israel Medical Center, as well as the general contractor. He based his claim on the New York State Labor law, claiming the working conditions were unsafe, lighting was extremely poor, and proper safety equipment was not provided. Plaintiff alleged injuries to his ACL, Meniscus, intervertebral discs in addition to bursitis of his shoulder. In treatment for his injuries, plaintiff underwent knee, back and shoulder surgery, several epidural injections and close to 30 months of physical therapy. Plaintiff further contends that he still suffers from pain which prevents him from performing physical labor.
The jury found the defendants failed to properly maintain the workplace, the lighting was not proper and the hole was not properly guarded. The verdict totaled $5,578,011, which included future medical costs, past lost earnings, future lost earnings, past pain and suffering, and future pain and suffering.