Our client, a 58-year-old, Local 78 asbestos worker was severely injured in a construction accident at a site in Staten Island, NY. An unauthorized person entered the cab of a Bobcat mini excavator, causing its arm to swing and strike the client while he was filling a bucket with debris. This incident resulted from multiple safety violations, including Labor Law 241(6) and various Industrial Codes.

The client sustained significant injuries, including fractures of the C6 and C7 vertebrae, first and second ribs, a collapsed lung requiring a chest tube, and a left shoulder rotator cuff tear. He was treated at a hospital where CT scans revealed a small pneumothorax, rib fractures, and cervical spine fractures. After being discharged, the client underwent physical therapy, pain management, and shoulder surgery. Despite these treatments, he continued to experience pain and functional limitations.

While on the trial calendar, the Law Offices of Dennis Smith, PC was able to secure a $1,350,000.00 settlement to cover his medical expenses, lost earnings, and future care.