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$3,900,000 Settlement in Construction Fall Case

On November 23, 2016, Plaintiff, Iosvany Herrero, was working on a construction project called the Park Apartments, located at 97 Spruce Street, Paterson, New Jersey. At or around 8:30 a.m. that morning, Mr. Herrero arrived on the work site with the purpose of performing the installation of air conditioning units on the roof with another worker, Mr. Ego Feijoo. At or around 9:45 a.m., as Mr. Feijoo was cutting vibration pads to put underneath the 8-12 HVAC units on the roof prior to welding them to the building, Mr. Herrero was walking backwards in an attempt to ensure the units were aligned correctly. In so doing, Mr. Herrero came to the edge of the roof which, at the point directly behind him, was outfitted with a parapet wall only 8 inches in height. Not realizing the height of the low “wall,” Mr. Herrero fell off the roof and plummeted to the ground, some 40 feet below. Mr. Herrero (and Mr. Feijoo) were not provided any fall protection.

The complaint in this matter was filed on April 19, 2018, in the County of Hudson.

On December 20, 2023, a Settlement Conference was held before the Honorable Joseph M. Turula, P.J.Cv. and it settled for a total of 3.9 million dollars.

$2,000,000.00 paid by Harleysville Worcester Insurance Company on behalf of the Defendant C & C Construction represented by Richard Smith, Esq of the Law Firm of Gerald Strachan
$1,900,000.00 paid by Markel Insurance Company on behalf of the Defendant, Pepe Plumbing and Heating represented by Erik Anderson, Esq. of the Law Firm of Reardon Anderson, LLC.