The Second Department recently upheld a multi-million-dollar award to a construction worker who was injured when an improperly secured ladder fell on him at a jobsite in Brooklyn in the case Pimenta v. 1504 Cia, LLC, 2021 NY Slip Op 04726 (2d Dept 2021).
The Plaintiff was injured in August of 2014 while working as a construction worker. He bent down to pick up materials when an unsecured ladder fell on him causing him to fall to the jobsite floor. He injured his spine and knees and was forced to undergo various medical treatments including surgery to his spine and knee. The construction worker could no longer work because of his injuries so he contacted his attorneys and brought a lawsuit which was filed in 2015.
The case went to trial in 2019 and the jury returned a verdict finding the Defendants liable and awarding the worker damages for his pain and suffering, medical expenses, and lost wages. The defendants and their insurance company were ordered to pay the Plaintiff, but they argued that the verdict should be reduced significantly.
The trial court reduced the worker’s awards, but not as much as the Defendants wanted and they appealed.
In 2021, the Second Department upheld the Court’s decision as follows: past pain and suffering award (covering the period of time from the day he was injured until the day the jury issued their verdict) sustained at $1,000,000. Future pain and suffering award was sustained at $2,250,000 (which the jury found should cover Plaintiff’s further life expectancy of 33.3 years).
Court also upheld the jury’s award of future lost earnings of more than $1.8 million dollars to the construction worker. The Court found that the construction worker’s attorneys submitted sufficient evidence to the jury to prove that he would have worked an additional 21 years, had it not been for the injuries he suffered on the job.
The ruling did not disturb other portions of the Jury’s verdict leading to a total recovery of more than $6.59 million for the injured construction worker (not including interest which runs from the date of the jury’s verdict until final payment is made).
What can we learn from this verdict? Defendants and their insurance companies will fight to keep you from getting fair compensation for your injuries, even after a jury and a judge have decided that you are entitled to compensation.
If you are a construction worker who was injured on the job, you need an attorney who knows how to fight for you from the beginning of your case all the way through to trial and after.
Call Faruqi and Faruqi, LLP at 212-983-9330. All consultations are free and confidential.
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.
About Cassandra Rohme
Cassandra Rohme is an Associate in the firm's New York office in personal injury law litigation. She has over five years of experience litigating construction accidents and labor law, premises liability, serious motor vehicle accidents, and civil rights cases. She has successfully litigated hundreds of cases and conducted nearly 20 jury trials.
Associate at Faruqi & Faruqi, LLP
New York office
Tel: (212) 983-9330
Fax: (212) 983-9331