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Jonny Kool Settles Bronx Labor Law 240(1) Case on Behalf of Injured 57-year old Bridge Painter for $3.8 Million

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Congratulations to our partner, Jonny Kool, for the settlement of a Bronx Labor Law case in the amount of $3.8 million.  The case involved multiple injuries sustained by a 57-year old bridge painter on May 10, 2013, at the High Bridge Rehabilitation project in Bronx County.  The plaintiff was seriously injured when the end of a 400 pound vacuum hose (used in sand-blasting operations) came loose as the hose was being lowered.  The end of the hose fell approximately 20-25 feet and struck the plaintiff in the head and shoulder.  The force of the impact jarred his hardhat off and knocked plaintiff off his feet, causing him to fall over onto the platform floor.

The plaintiff was knocked out and woke up in the ambulance.  He sustained a closed head trauma with hearing loss and a mild traumatic brain injury (TBI) requiring cognitive therapies, cervical disc injury necessitating reconstructive surgery including two-level neck fusion at C4-C5 and C5-C6, right ankle ligament tears necessitating Brostrom ankle reconstruction, right shoulder rotator cuff and tendon tears necessitating arthroscopic shoulder reconstruction with anchor placements  and significant disc herniation with L4-L5 annular tear confirmed intraoperatively producing lower extremity numbness that necessitated a transforaminal lumbar interbody fusion of the L4-L5 segment with placement of a biomechanical device.  As a consequence of these injuries, the plaintiff was, and remains, disabled from his occupation as a Local Union 806 Structural Steel and Bridge Painter.

Our office moved for Summary Judgment on behalf of the injured bridge painter to legally establish the liability of the bridge owner (the City of New York) and the General Contractor for the project pursuant to New York Labor Law 240(1).  While the motion was pending, the parties agreed to a settlement in the amount of $3.8 million.

The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP extend our congratulations to Mr. Kool for his exceptional representation of our client and this outstanding result.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool, L.L.P., have been representing painters and workers injured in construction accidents for years. We have a thorough understanding of New York’s unique labor laws and will do everything possible to hold all legally liable parties responsible for your injuries. Once liability is established, an injured worker is typically entitled to compensation for pain and suffering, loss of enjoyment of life, lost earnings and benefits, and medical expenses.

Our cases are taken on a contingency fee basis. If we accept your case, there is no fee unless we recover damages for you. For a free consultation with our New York personal injury attorneys, please call 212-406-1700 or contact us online.

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