$1.3 Million Recovery After Worker Fell 20 Feet From Untied Ladder on Black Ice
A 52-year-old construction worker fell 20 feet from an untied ladder placed on black ice during a Manhattan high-rise hoist-elevator dismantling. The Orlow Firm pursued the property owner and general contractor under New York's scaffold law. The defense pulled three words from our client's deposition, "that was my mistake," and tried to argue he was solely responsible for his own fall for not personally checking the ladder rope. The Orlow Firm put the words back in context, established that two other things actually caused the fall (the coworker who failed to tie off the rope, and the black ice the ladder was placed on), and secured $1.3 million for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 52-year-old construction worker on a crew dismantling hoist elevators on the outside of a 33-story Manhattan building in February 2009. The site had two platforms: a sidewalk shed 20 feet up, and a second platform another 20 feet above that. He had asked his coworker to place a ladder between the platforms so he could come down when needed. When he stepped onto the ladder to descend, two things had already gone wrong without his knowledge. The crew's standard practice was that the last person to handle the ladder was responsible for tying off the safety rope, and the coworker who had placed this ladder was the last to handle it. The rope was draped across a rung but was never actually tied. The ladder was also placed on cement covered in black ice from frozen condensation. After two or three steps, the ladder slipped. He fell 20 feet to the platform below and lost consciousness.
How We Won
The defense's strategy was to make the case go away on summary judgment. They argued our client was the sole proximate cause of his own fall, that he should have personally checked the rope before stepping onto the ladder, and that his deposition statement, "that was my mistake," proved he had admitted as much.
Adam Moses Orlow, our Senior Trial Partner, walked the court through what our client had actually said. The "mistake" referenced in his testimony was not climbing the ladder. It was trusting his coworker to have tied the rope, in line with the crew's standard practice. Both our client and his supervisor testified that the practice was the last person to place the ladder ties it off. Both also testified that the last person was the coworker, not our client. The black ice was the second piece. Our client testified that the cement under the ladder was covered in ice, and his supervisor confirmed it. The ice was an independent cause of the slip, separate from the rope question. Even if our client had any responsibility for not double-checking the rope, the ice meant he was not the only proximate cause of the fall. The case proceeded to mediation against that backdrop.
The Injuries
Our client lost consciousness for several minutes. When he came to, he had severe pain in his neck and back. Imaging documented herniated discs in his neck and lower back. In the summer of 2010, he had neck and back surgery.
The Result
The Orlow Firm secured $1.3 million at mediation.
Prior results do not guarantee a similar outcome.
If you or a loved one has been injured in a construction accident, contact The Orlow Firm at (646) 647-3398 for a free consultation.
