October 10, 2011
By William Schwitzer
When our client was asked to disassemble a scaffold in Long Island, he trusted that the structure he was standing on was sturdy and safe. His assurance transformed into shock and disbelief, as seconds later the platform planks began to collapse beneath his feet.
He fell 25 feet before he hit the ground. He had not been provided with a harness or any type of device to cushion his fall, so the impact was hard and painful. He suffered serious wounds to his neck and back; an injury that would be incredibly costly to treat, and one he’d be unlikely to fully recover from. His accident not only changed his life forever but his family’s life as well.
Our client sued the owners of the premises alleging that they’d violated the New York State Labor Law. Dinkes & Schwitzer represented him. He was wise to consult with us, to learn about his legal rights and the rights of his family.
The defense contended that an Occupational Safety and Health Administration investigation did not reveal any safety violations. They also argued that he had simply been reckless, his accident had not caused any significant injury; despite records to the contrary. His treatment was painful and grueling, requiring painkilling trigger point injections, a lumbar fusion and a laminectomy. Defense contended that he suffered from degeneration and pre-existing conditions.
Thankfully, the jury didn’t see it that way, concurring that our client should be awarded the damages due. We were grateful to see him achieve $7,700,000 dollars for his past and future pain/suffering; and for his past and future medical costs. His wife received $1,200,000 dollars in damages related to the loss of domestic assistance – the help her husband would no longer be able provide due to his severe injury.
Nothing can undo the negligence that caused His spinal damage — but granting him the compensation he was entitled to did help him and his family move forward in life, with the respect they deserved. Dinkes & Schwitzer is pleased to share the story of our client’s success, at winning a fair fight.
Dinkes & Schwitzer is dedicated to protecting the rights of the injured against insurance companies and big corporations. We’ve recovered hundreds of millions of dollars for our clients and we may be able to help you too. Our lawyers, including William Schwitzer and John C. Merlino are strong activists for many labor organizations. Visit us at www.dandsatlaw.com