The Law Offices of Louis Grandelli reached a settlement of $2.9 million on behalf of a Staten Island steel worker involved in a construction accident. We were able to settle the case for a substantial sum of money despite the defendants' attempted use of the "open and obvious" defense.
Historically, firefighters and police officers were typically barred from bringing a lawsuit under the so-called "firefighter's rule" when those individuals were injured in the line of duty. However, over the years, New York State law has been modified to provide for a means for police officers and firefighters to recover damages for personal injuries and lost wages resulting from injuries obtained during the course of their duties. In fact, police officers and firefighters have two separate causes of action: one under a theory of general common law negligence, and one that was created by the legislature exclusively for firefighters and police officers.
The Law Offices of Louis Grandelli, P.C., recently settled a construction accident case for $700,000.00, without anyone ever discovering what actually caused the accident to occur. The known facts are straightforward: the plaintiff was working alongside a hoist located on a construction site, when the hoist suddenly dropped on to the plaintiff's foot, causing him to lose his big toe. However, despite inspections by OSHA and the New York City Department of Buildings, and an inspection by our construction safety expert, neither we nor the defendants could find definitive proof as to what caused the hoist to drop. Despite having no concrete proof of what caused the hoist to drop, we were able to successfully negotiate a settlement in the case by using a twist on the legal theory of res ipsa loquitur.
As the fall season is upon us, and the winter season approaches, driving can become more hazardous and more accidents can occur. For example, it is not uncommon this time of year to see deer on the road in Staten Island, Westchester, or Upstate New York. In fact, according to statistics recently released, 1 out of 154 drivers in New York will collide with a deer in 2014. And, as the weather gets colder, rain or snowy conditions may cause the road to be slick and dangerous, leading to cars skidding and drivers losing control of their vehicles.
Our office recently obtained a $1.4 Million settlement on behalf of a Staten Island marble mechanic who was injured at a construction site when he slipped and fell on gravel which had been improperly left in his work area.