Plaintiff, a Mason, was working at a construction project when the saw he was using kicked back into his arm. The force of the saw kicking back, caused the plaintiff to stumble and fall. Plaintiff sustained a laceration to his right forearm and also injured his lower back. Plaintiff commenced an action, the building owner and general contractor, alleging violations of the Labor Law and general negligence.
Plaintiff argued that the saw was not properly guarded and thus violated workplace safety rules. Defendants argued that plaintiff had removed the guard and was the sole cause of the accident. Plaintiff received stitches for his laceration and underwent physical therapy for his lower back injury. Plaintiff eventually had lumbar fusion surgery. Defendants argued the back injury was not caused by the accident.
The case proceeded to trial and was settled just before jury selection for $2,500,000.00, by Hecht Kleeger & Damashek, P.C., partners Jordan Hecht and Jonathan Damashek.
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