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$960,000 Recovery for Client Injured in Job-Related Fall from Roof

Barry R. Eichen, Shareholder at Eichen Crutchlow Zaslow LLP, successfully obtained a $960,000 settlement for their client who was injured in the scope of his employment.

On December 2, 2016, our client was on the roof of one of defendant’s buildings when he tripped. The client had been on the subject’s roof about 30 times before the date he was injured. As our client was walking on the paver pathway, his foot became lodged in between the grate and paver cutout, which caused him to fall, with his body coming to rest on the paver walkway.

Testimony from the defendant’s employees revealed that the defendant knew the grate covers were unsecured and would pop off, but did not think it was a safety hazard, saying people should be careful and avoid open hazards. The firm argued this incident could have easily been avoided in any number of ways, such as cutting the pipe so the grate and pipe would not protrude into the surface of the walkway; securing the grate; filling in the area between the grate and paver cutout to make it a smooth surface; and/or coloring or painting the area to warn of the dangerous condition.

Although plaintiff had pre-existing cervical spine injuries, and surgery had been recommended in the future, this fall expedited the need for spinal surgery.

The parties reached a settlement on October 1, 2019 after an all-day mediation before the Hon. James E. Isman, P.J.Cv. (ret).