Our client, a carpenter on a gut renovation project in Bedford–Stuyvesant, Brooklyn, went to plug in a hand-operated circular saw when disaster struck. Unbeknownst to him, the saw had been jerry-rigged to stay in the ‘on’ position. The moment the saw was plugged in the blade started spinning causing the saw go airborne, and slicing into our clients back deep enough to shatter two of his ribs. The blade left a wound nearly 16 inches long by 5 inches wide.
Unbelievably, the saw blade avoided any major organs, arteries or blood vessels. The carpenter was then rushed to the hospital where their wound was surgically closed. Following the emergency surgery, he remained admitted a total of 6 days for pain management.
Our firm brought a personal injury lawsuit against the building owner. The saw was owned by his employer who provided workers compensation and could not be sued in this action. We established that the owner violated the NYS Industrial Code which requires owners to ensure that tools on work sites are safe. The owner had failed to secure proper insurance and was forced to defend the case without the benefit of insurance. The owner actually brought suit against their broker for failing to secure adequate insurance.
After a grueling 3-hour mediation session, which was held amongst all the parties before the Honorable Justice Larry Schachter, partner Andrew Levine prevailed; earning our client justice in the form of a $500,000 recovery.
Many firms run when they hear “there is no insurance” but Raphaelson & Levine valiantly fought for our client, the court for justice and gave a voice to the injured. Perseverance and preparation paid off and justice was obtained.
Location: Brooklyn, New York