Location: Buffalo, NY
Our client was a union glazier who was working on a window wall project at the Erie County Medical Center. While caulking on the mezzanine roof, his lower leg was struck by a wooden block that fell from a swing stage scaffold which abutted an upper floor of the hospital. He sustained injuries to his lower leg in the form of tibia and fibula fractures which led to an open reduction and internal fixation by the orthopedic surgeon. Subsequently, the client underwent a total knee replacement. The defense theory was that he was a recalcitrant worker who was told by his foreman not to work underneath the scaffold while the two construction workers on the scaffold were affixing covers to the new window frames. However, we argued successfully that his alleged disregard of the foreman’s instructions was not the sole proximate cause of the accident. Our client, who was in his late ’50’s at the time of the accident, was unable to return to work. In addition to our settlement, the client’s medical expenses and lost wages were fully covered by Workers Compensation insurance which also included a cash payment for lost income.
