Case Summary
Recently, Hoffmaier & Hoffmaier won a case representing a workplace fall victim, and after 4 weeks of trial, 3 hours of trial deliberations, and a jury ruling in favor of our client, our client was awarded a total of $9,228,449.70 in compensation covering damages caused by the incident.
Allegations Made
The case dates back to February 19, 2008, when our client, working at a construction site, tripped and suffered injuries to his back. Our client then sued the premises’ owner, a subcontractor that performed all tasks involving cement on the worksite, and several others associated with the hazard and the resulting injury.
The lawsuit was based on our client’s allegations that the defendants violated New York State Labor Law; he alleged the contractors were negligent in their maintenance of the work site, and the negligence created a dangerous condition that led to our client’s injuries. Our client also claimed that such hazards had been commonplace for months. Our client claimed Labor Laws § 241(6) and §200, which defines general workplace safety requirements.
Injuries & Damages
After the accident, our client visited a clinic, receiving minor treatment. Our client claimed that he sustained herniations of his L4-5 and L5-S1 discs, and that the herniations also caused an indentation of his thecal sac. Subsequent treatments included chiropractic manipulation, physical therapy, pain management, and, in 2009, minimally invasive surgery.
Our client also claimed that he suffered residual pain, preventing him from returning to his job. As such, our client sought:
- Recovery of past and future rehabilitation expenses
- Additional past and future medical expenses
- Past and future lost earnings
- Damages for past and future impairment of earning capacity
- Damages for past and future pain and suffering
Case Results
The result of the case was a mixed verdict. The jury determined that our client’s damages totaled $10.6 million, but our client did share some fault in the accident. The jury ruled:
- One defendant was deemed 70 percent liable for the accident
- Another defendant was deemed 20 percent liable for the accident
- Our client was deemed 10 percent liable for the accident
In the end, our client’s recovery was $9,228,449.70.
Call Hoffmaier & Hoffmaier Today for Your Personal Injury Claim
If you were injured due to the negligence or wrongdoing of another, don’t hesitate and call the NYC personal injury attorneys at Hoffmaier & Hoffmaier today. Experience is what counts in these cases, and we have the experience to give you a thorough, vigorous representation. Call today for a free consultation at (212) 777-9400.
