By Ronald C. Burke, Esq on Feb 09, 2024 | 0 Comments
On February 2, 2024, a New York intermediate appellate court upheld an Erie County jury verdict of approximately $2,300,000 to a female construction worker who was struck by an unsecured "32-foot-long extension ladder that had been leaning against a wall fell, hitting her on the head and left sho...
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By Ronald C. Burke, Esq on Jul 18, 2022 | 0 Comments
On July 14, 2022, a Nassau County jury determined what was a fair and reasonable award to a 51 year old (former) electrician injured on the job four years ago. The electrician was standing on a ladder to inspect a dumbwaiter's panel when the fingers of his right hand became trapped between some c...
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By Ronald C. Burke, Esq on Aug 04, 2021 | 0 Comments
On July 28, 2021, an appellate court covering appeals from Westchester Supreme Court agreed with the lower court that dismissed a Labor Law Section 240 (1) filed by an HVAC mechanic who fell from a ladder. The appellate court found that the injury occurred while the mechanic was replacing a conde...
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By Ronald C. Burke, Esq on Jul 14, 2021 | 0 Comments
On June 29, 2021, a construction worker who sued the Metropolitan Transportation (MTA) was granted summary judgment with a ruling that the MTA violated several state worker safety laws. The construction worker was struck by an improperly hoisted load of L-shaped steel rebar on a construction site...
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By Ronald C. Burke, Esq on Jul 01, 2021 | 0 Comments
On April 29, 2021, an appellate court approved a Bronx jury award of $2,050,000 for 6 years of past pain and suffering ($550,000) and 40 years of future pain and suffering ($1,500,000). The injuries occurred when the plaintiff, then age 28, working as a painter fell from a ladder. The painter fra...
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By Ronald C. Burke, Esq on Jun 17, 2020 | 0 Comments
It was reported in Law 360 today that five employees of a McDonald's franchise in Oakland, California tested positive for COVID-19 and filed suit "alleging the franchise's owners forced highly contagious workers who had contracted the virus to keep working and gave workers face masks made from do...
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By Ronald C. Burke, Esq on Jun 11, 2020 | 0 Comments
A few months ago an appellate court agreed that a Manhattan Supreme Court Justice correctly addressed a gross injustice in a jury verdict that awarded an injured construction worker $4,144,141 for lost earnings and medical expenses but nothing for pain and suffering. This is called an inconsisten...
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By Ronald C. Burke, Esq on Jun 10, 2020 | 0 Comments
On April 9, 2020 an appellate court agreed that a Manhattan jury got it right in awarding over $3,000,000 to a 52 year old carpenter who was struck in the neck by a falling wooden plank. The accident occurred at a construction site on First Avenue as a result of an unprotected opening in the floo...
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By Ronald C. Burke, Esq on Feb 13, 2020 | 0 Comments
On February 5, 2020, an appeals court covering Suffolk County affirmed the dismissal of a legal malpractice complaint filed by a construction worker who was injured at a construction site. The bucket of an excavator struck the plaintiff's leg causing injuries. The attorney's who represented the p...
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By Ronald C. Burke, Esq on Jan 21, 2020 | 0 Comments
On January 16, 2020, a 42 year old union laborer, who suffered permanent injuries to his neck and shoulder, won his case as a matter of law under Labor Law Section 240 (1), leaving only the amount of just compensation to be determined at a jury trial. The accident happened at a construction site ...
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By Ronald C. Burke, Esq on Nov 20, 2019 | 0 Comments
On November 14, 2019, an appellate court covering Bronx County cases, held that a construction worker had demonstrated entitlement to a pre-trial ruling that the NYC Housing Authority failed to properly protect him from a fall off a 10 foot high sidewalk bridge. This means that a jury trial will ...
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By Ronald C. Burke, Esq on Oct 04, 2019 | 0 Comments
On October 3, 2019, a Nassau County Judge found a general contractor liable as a matter of law for the injuries suffered by a 46 year old construction worker who fell while working on the roof of a mansion in Old Westbury, New York. The plaintiff testified that neither he or any of the other roof...
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By Ronald C. Burke, Esq on Aug 17, 2018 | 0 Comments
On August 15, 2018, the appellate court covering Suffolk County upheld the Order of Justice Tarantino which lopped off $2,200,000 from a jury verdict. The Suffolk County jury awarded a then 46 year old construction worker $4,200,000 for injuries suffered when he fell two feet from a scaffold....
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By Ronald C. Burke, Esq on Jul 02, 2018 | 0 Comments
On May 25, 2018, a Kings County jury awarded $15,228,000 to a concrete laborer who was injured on a construction site in December, 2014. The plaintiff, then age 50, was erecting exterior walls for a new building. An unsecured plank fell from a scaffold and struck the plaintiff which knocked him ...
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By Ronald C. Burke, Esq on Feb 01, 2018 | 0 Comments
On January 18, 2018, a Manhattan Judge declared that the MTA was responsible for the injuries suffered by a sandhog who fell off an unsecured 8 foot straight metal ladder. The sandhog proved that while attempting to gain access to an elevated height (where he was required to spray concrete) in a ...
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By Ronald C. Burke, Esq on Jan 30, 2018 | 0 Comments
On January 25, 2018, an appellate court covering Manhattan upheld the decision of a Judge finding that a property owner was responsible as a matter of law for the injuries suffered by an electrician who was struck in the head by an electrical transformer that fell on his head. Labor Law 240 (1) w...
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By Ronald C. Burke, Esq on Dec 20, 2017 | 0 Comments
On November 27, 2017 a New York County Supreme Court Justice held a general contractor liable, as a matter of law, for a construction workers fall from an unsecured ladder. The only issue for a jury to determine is the amount of money damages owed to the worker. The worker was up on a ladder cov...
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