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Home  /  Construction Accidents  /  New York Construction Accident Case Settles For $2,500,000: Mason Falls From 20-Foot Retaining Wall

New York Construction Accident Case Settles For $2,500,000: Mason Falls From 20-Foot Retaining Wall

by Law Offices of Thomas L. Gallivan, PLLC 08 Nov2009

A construction accident case filed in Dutchess County, New York recently settled for $2,500,000 ($1,700,000 from owner’s insurance carrier, $550,000 from Worker’s Compensation, and $250,000 from employer’s general liability carrier) after jury selection. The plaintiff in the case was a 47 year-old non-union mason. He fell off a 20-foot retaining wall that he was working on, and as a result, suffered a traumatic head and brain injuries, as well as serious injuries to his neck and back.

The plaintiff sustained a herniated disc at L5-S1, a torn right anterior cruciate ligament, and a right parietal skull fracture. He underwent a craniectomy and cranioplasty at Westchester Medical Center and a right knee arthroscopy. He has also developed a seizure disorder and requires ongoing treatment and rehabilitation. He has not returned to work.

The plaintiff filed suit in Dutchess County, NY against the owner of property, who in turn, filed a third-party action against his employer. Plaintiff claimed that the owner of the property violated Labor Law 240(1) in failing to provide him with protective equipment while he worked at a height. Motions for Summary Judgment made by the defendants were denied.

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC represent construction workers that have been injured on the job. Our goal is to ensure that our clients receive maximum compensation for their pain and suffering, lost wages, and past and future medical bills. Please contact us now if you or a loved one has been injured on a construction site.

Posted in: Construction Accidents, Personal Injury Law

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" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

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