Plaintiff, a member of the ironworker’s union was injured when he fell into an unprotected hole at a construction site. Although he did not fall through the hole, he did fall up to his knee causing a piece of rebar he was carrying to come crashing down onto his shoulder. Plaintiff did not receive any medical treatment for his injuries for five days. Plaintiff eventually underwent a knee and shoulder surgery. At the time of his accident, plaintiff was receiving treatment for a prior knee injury. Hecht Kleeger & Damashek, P.C., was awarded summary judgment on liability under Labor Law sections 240 and 241(6). The case settled for $750,000.00 just before jury selection on the trial for damages.
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