$2.75 Million Recovery After Porter Fell 14 Feet Through Unmarked Floor Hole
A building porter fell 14 feet through an unmarked hole in a third-floor storage room when he picked up a piece of plywood blocking his path. The Orlow Firm pursued the general contractor, whose superintendent had removed the nails securing the plywood that morning and walked away without re-securing it. The defense planned to put some of the blame on our client. He had picked up the plywood. He had stepped forward without checking. The Orlow Firm produced four witnesses and post-accident photographs that destroyed the contractor's claim that he had marked the plywood with warnings, and recovered $2.75 million for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a long-time union porter at a Manhattan residential building. On December 6, 2013, his supervisor asked him to move a heavy filing cabinet into a third-floor storage room. He and a coworker wheeled it down on a dolly and found a piece of loose plywood on the floor blocking their path. There were no warning signs. There was no sign that any construction was active in the room. They picked up the plywood to move it out of the way. As our client stepped forward, the floor gave way under him, and he fell 14 feet to the level below.
How We Won
The general contractor's superintendent had covered the 3-by-6-foot floor hole with plywood and four nails. On the morning of the accident, an HVAC subcontractor told the superintendent he would be installing new ducts later that day. The superintendent went to the room, removed the nails from the plywood, and walked out. He did not re-secure the plywood. He did not lock the door. He did not put up warning signs. He did not tell building management that there was now an open hole in the floor.
He later claimed he had written the word "danger" in red on the plywood. Adam Moses Orlow, our Managing Partner, deposed four witnesses who entered the room after the accident. All four testified there were no markings of any kind. The post-accident photographs of the plywood matched their testimony. His story collapsed, and with it the comparative-negligence theory.
The Injuries
Our client was taken by ambulance to the hospital with multiple right-side rib fractures and transverse process fractures from T9 through L5. Imaging later documented herniated discs in his neck and lower back. He had three spinal surgeries: a cervical fusion at C3-4 and C4-5 in July 2014, a lumbar fusion at L5-S1 in October 2015, and a third procedure in March 2017 after the second surgery did not hold.
The Result
The Orlow Firm recovered $2.75 million for our client.
Prior results do not guarantee a similar outcome.
If you or a loved one has been hurt on a property because of an unsecured or unmarked hazard, contact The Orlow Firm at (646) 647-3398 for a free consultation.
