Construction Worker’s Fall from Sidewalk Scaffold, Resulting in Tears to the Lateral and Medial Meniscus, Arthroscopic Surgery, the Development of Avascular Necrosis and a Knee Replacement, Results a Mediated Settlement of $925,000, and Total Payout of In Excess of 2 Million Dollars.
On Oct. 22, 2005, plaintiff William Rosario, 35, worked at a construction site that was located at 311 E. 82nd St., in Manhattan. During the course of the day, Rosario fell off of a scaffold that was being dismantled. He plummeted about 10 feet to the ground, and when he crashed to the ground, he injured his right knee.
He brought suit against the premises’ owner, the City of New York; the construction project’s manager, the New York City School Construction Authority; and the project’s general contractor, Skanska USA Building Inc. Rosario alleged that the defendants violated the New York State Labor Law in that they failed to provide him with a safe place to work.
More specifically, Rosario claimed that the accident occurred during rainy conditions. He contended that he and several co-workers had received a “rush” request to dismantle the scaffold. He acknowledged that he had received a safety harness that could have prevented his injuries, but he claimed that he had not been provided a secure point to which the harness could have been attached. Thus, the harness was totally useless.
Gash & Associates, Rosario’s counsel, in their motion for summary judgement, contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Rosario was not provided the proper, safe equipment required under the Statute. The New York County Supreme Court agreed, and it entered judgement on the issue of fault, against the defendants The matter then proceeded to damages.
Mr. Rosario’s injuries included a lateral meniscus tear; a medial meniscus tear; knee derangement; arthroscopy; necrosis; knee replacement; knee surgery; decreased range of motion. On Dec. 22, 2005, he underwent arthroscopic surgery that addressed the injuries of his right knee. He initially reported improvement, but the knee subsequently developed avascular necrosis of its medial femoral condyle, which is in the upper portion of the knee’s joint. This condition necessitated replacement of the knee.
Rosario claimed that he suffers permanent residual pain and a permanent residual reduction of the knee’s range of motion. He contended that the limitations prevent his resumption of manual labor. The defense’s expert orthopedist claimed that Rosario’s injuries predated the accident and were a result of obesity. The expert also opined that Rosario does not suffer a limitation of either knee’s range of motion.
The matter was settled before trial for the sum of $925,000, in a structured settlement that will result in a total payout to the plaintiff in excess of 2 million dollars.
