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Block O'Toole & Murphy, LLP Recovers $4,650,000 For Construction Laborer Who Fell In Queens Warehouse
Date:5/10/2013

New York, NY (PRWEB) May 10, 2013

Construction accident lawyers Block O'Toole & Murphy, LLP are pleased to announce a $4,650,000 settlement secured on April 16, 2013 on behalf of a Bronx laborer who fell injuring his back, shoulder and hip. Experienced trial lawyers Daniel P. O'Toole and Scott Ochiogrosso handled the case, which settled prior to the scheduled trial date in New York Supreme Court, Bronx County (Index Number 300841/2009).

ok tThis Queens construction site accident occurred on September 17, 2008 during the renovation of an Astoria, New York warehouse. The Plaintiff, a Bronx laborer who was 42 years old at the time of settlement, was placed on a scissor lift and instructed to remove pipes that ran along the warehouse ceiling. Plaintiff was then forced to walk across the top of shelving, which, unknown to him at the time, was made of only cardboard. The cardboard collapsed and Plaintiff fell approximately 10-15 feet. These facts were established during party depositions. Plaintiff's Complaint alleged violations of New York Labor Law Sections 240(1), 241(6) and 200 against the building owner and the general contractor, arguing a lack of proper fall protection. The Defendants, in motion papers and during settlement negotiations, argued that conflicting notations about how the accident occurred contained in Plaintiff’s medical charts created questions about Plaintiff's credibility.

Plaintiff’s injuries included multiple fractured ribs, herniated discs and bulging discs, torn shoulder tendons and torn hip tendons. Plaintiff underwent open reduction internal fixation surgery at New York Downtown Hospital to repair the damage to his spine, as well as surgeries to both his shoulder and hip. These injuries were plead by Plaintiff, and evidenced by various medical records that were exchanged during the case. The Defendants, through its medical expert reports, argued that Plaintiff’s inju
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