$750,000 Recovery After Garbage Truck Struck Window Installer's Lift
A 53-year-old window installer was thrown from a bucket lift 25 to 30 feet above the ground when a garbage truck reversed at speed into the base of the lift. The Orlow Firm pursued both the property owner and general contractor under New York's scaffold law and the trucking company under negligence. The owner and GC argued that the scaffold law did not reach a lift hit by an outside vehicle. The lift had not failed, they said. It had been struck. The trial court agreed and denied our motion against them. The Orlow Firm pivoted, secured summary judgment against the trucking company on negligence, and recovered $750,000 for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 53-year-old window installer working at a new building under construction in Brooklyn in January 2017. His employer had been hired by the general contractor to install all of the windows in the building. On the day of the accident, he was standing inside a bucket lift roughly 25 to 30 feet above the sidewalk, working with a coworker inside the building to install a window from the exterior. A garbage truck operated by a waste-hauling company reversed at high speed and struck the base of the lift. The lift wobbled violently, throwing our client out of the bucket. He fell to the ground and lost consciousness on impact.
How We Won
The owner and general contractor argued that New York's scaffold law, which gives workers strong protection when an elevation safety device fails, was not the right fit for this case. The lift had not malfunctioned, they argued. It had been struck by an outside vehicle. Because the lift itself had performed correctly, they said the scaffold law did not reach them. The trial court accepted the argument and denied our motion against them.
Adam Moses Orlow, our Senior Trial Partner, refocused the case on the trucking company. There was no procedural question about a vehicle reversing at speed into the base of a lift with a worker inside. The court searched the record on its own motion and granted summary judgment against the trucking company on liability, meaning the trucker's responsibility for the crash was no longer in dispute, just the amount.
The Injuries
Our client was taken by ambulance to Coney Island Hospital after losing consciousness. MRI imaging documented herniated and bulging discs across his cervical and lumbar spine, a torn anterior labrum in his right shoulder, a torn superior labrum in his right hip, and multiple cracked and lost teeth. In November 2021 he underwent hip arthroscopy that confirmed a partial labral tear and chondral lesions on the femoral head and acetabulum.
The Result
The Orlow Firm recovered $750,000 for our client.
Prior results do not guarantee a similar outcome.
If you or a loved one has been hurt in a construction accident or by a commercial vehicle on a job site, contact The Orlow Firm at (646) 647-3398 for a free consultation.
