June 20, 2019
$1,900,000– Construction Worker – Crush Fracture to Wrist
Plaintiff, a laborer, a 32-year-old laborer, was performing roadway construction work as part of a major sewer main excavation project. Plaintiff was pulling an air compressor with the help of a co-worker when he was caused to trip over a section of raised and uneven pavement causing him to fall. As a result of the fall, plaintiff lost control of the compressor hitch, and the tongue of the compressor hitch crushed his right wrist.
Plaintiff sued the City, Felix Equities, Inc. (Felix) and BUG alleging violations of Labor Law 200 and 241(6) and common law negligence. Defendants claimed the roadway was safe and that Plaintiff was the sole proximate cause of his accident. Plaintiff sustained a distal radius fracture of his wrist requiring surgery.
Plaintiff claimed that he continued to suffer from severe pain in his dominant hand, numbness, tingling and weakness in his hand and wrist. Plaintiff claimed diminished earnings because he earns less money working at his current job. The defendants claimed that the plaintiff made an excellent recovery from his injuries, and also claimed that the plaintiff could have returned to construction work. Judd Kleeger settled this case at jury selection for $1,900,000.
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