$400,000 Recovery After Scaffold Collapsed Under Sheetrock Installer
A 27-year-old construction worker fell when the scaffold beneath him suddenly collapsed during sheetrock installation at a Westchester hotel build. The Orlow Firm pursued the property owner, construction manager, and subcontractors under New York's scaffold law. The defense's cross-motion to dismiss the case rested on the testimony of a single supervisor, one who had not been in the room when the scaffold collapsed and admitted he only arrived afterward. The Orlow Firm pointed out that his testimony was speculation rather than evidence, and recovered $400,000 at mediation.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 27-year-old construction worker on a crew installing sheetrock at a new hotel being built in Westchester County. On April 24, 2014, he entered a room where sheetrock work had been assigned. A scaffold roughly six feet tall was already set up. He climbed onto it while a coworker held the base steady, and as he reached up to press a piece of sheetrock against the wall, the scaffold suddenly opened beneath him. He fell straight to the floor and landed on his left foot and ankle.
How We Won
We moved for summary judgment on liability, arguing the scaffold collapse was a textbook violation of New York's scaffold law. The defense responded with a cross-motion asking the court to find them not liable. Their evidence was the testimony of a supervisor who arrived at the scene after the collapse. He had not seen what happened. His testimony amounted to speculation about what might have caused the scaffold to fail and theories about what our client could have done differently.
Adam Moses Orlow, our Senior Trial Partner, drew the line between testimony and speculation. A witness who arrived after an accident cannot testify to what happened during it. His after-the-fact thoughts about what might have occurred were not evidence. They were guesses. Under New York's scaffold law, a scaffold that collapses under normal use during sheetrock installation is the failure the statute reaches. The case went to mediation on that footing.
The Injuries
X-rays at the emergency room initially showed only an ankle sprain. Follow-up MRIs revealed an ankle fracture. In August 2015, our client underwent surgery on his left ankle. He used crutches for two months after the initial injury and again for the year following surgery.
The Result
The Orlow Firm recovered $400,000 at mediation.
Prior results do not guarantee a similar outcome.
If you or a loved one has been injured in a scaffold collapse or other construction accident, contact The Orlow Firm at (646) 647-3398 for a free consultation.
