Plaintiff, a 58-year-old roofing foreman, was injured at a construction project when a ladder he was climbing collapsed. Plaintiff sued the owner and general contractor under the New York State Scaffold Law alleging that the ladder was not properly secured. Plaintiff was awarded summary judgment on the issue of liability. As a result of the fall, the plaintiff suffered a herniated disc at L4-5 necessitating a lumbar fusion.
Approximately 1 ½ years after the first surgery, the plaintiff began experiencing additional lower back problems and was forced to have a second surgery. Eight days after the second surgery, the plaintiff suffering unforeseen complications and passed away. HKD commenced a second action alleging wrongful death.
The action was initially dismissed by the Supreme Court but HKD appealed and the case was reinstated. The case proceeded to trial was settled at jury selection by HKD partner, Jordan Hecht for $2,500,000.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.