$2.6 Million Settlement for HVAC Worker Struck by Falling Ceiling Panel
A 40-year-old HVAC worker was installing ductwork on the 24th floor of a Manhattan high-rise when a large decorative ceiling panel broke free from its support chain and swung down, striking him in the back of the head. The Orlow Firm secured summary judgment under Labor Law 240(1) and recovered $2.6 million.
The Situation
Our client owned a heating and cooling company that had been subcontracted to install HVAC ductwork during a major renovation at a commercial building in Lower Manhattan. On a September morning in 2017, he was standing on the 24th floor watching his crew — who were up on ladders adjusting the ducts — when disaster struck from above.
A large cloud ceiling — a suspended decorative panel — was in the process of being hung by employees of the general contractor. One of the chains supporting the panel broke, causing the heavy structure to swing down. It struck our client in the back of the head. He briefly lost consciousness. When he came to, his coworkers were surrounding him.
What Went Wrong
The general contractor's own workers were responsible for hanging the cloud ceiling, and one of the support chains failed. A coworker who was on a ladder at the time witnessed the chain break, causing the ceiling panel to swing down and strike our client.
This was a textbook Labor Law Section 240(1) case — an improperly secured object at an elevation fell and struck a worker below. Our firm moved for summary judgment, and the court granted it. The defendants moved to reargue, citing testimony from their own workers who claimed they heard the panel never actually struck anyone — none of whom were present at the time of the incident. The court reviewed the additional transcripts in detail and denied the motion. Summary judgment stood.
The chain of responsibility was clear. The building owner hired the general contractor to oversee the renovation. The general contractor hired a subcontractor for the HVAC work, who in turn hired our client's company. But under New York law, the building owner and general contractor cannot delegate away their duty to keep the worksite safe. When their own workers improperly secured the ceiling panel, they bore the legal consequences.
The Consequences
The impact caused our client to briefly lose consciousness on the job site. He sustained injuries to his back, knees, and shoulder that required medical treatment and affected his ability to work. The severity of his injuries, combined with the clear liability established through summary judgment, supported a substantial recovery.
How We Fought
Managing Partner Adam Moses Orlow handled the case. The firm's motion for summary judgment on the Labor Law 240(1) claim was the pivotal moment — it eliminated the defendants' ability to contest liability at trial and shifted the case entirely to damages. When the defendants attempted to reargue by introducing hearsay testimony from workers who were not present at the scene, the court saw through it and denied the motion.
The Result
The Orlow Firm recovered $2.6 million for our client's injuries sustained when an improperly secured ceiling panel struck him in the head during a high-rise renovation.
Prior results do not guarantee a similar outcome.
If you or a loved one has been injured on a construction site, contact The Orlow Firm at (646) 647-3398 for a free consultation.
