Plaintiff, a 46-year-old union Mason, was working on the construction of a new school in Brooklyn when he fell five feet from a steel beam installed just above the roof surface. Plaintiff argued that the New York City School Construction Authority, the owner of the project, should have installed a temporary walk-way to enable the plaintiff to safely traverse the roof. Plaintiff sued the SCA and the general contractor alleging violations of Labor Law 240 and 241(6). The defendants argued that the plaintiff should have walked beneath the beam and was instructed to do so. Plaintiff suffered serious injuries necessitating a cervical spine fusion as well as arthroscopic surgery to repair a torn meniscus in his knee. HKD was successful in resolving the case for $4,650,000.
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