NYC Construction Accident Attorney David Perecman Secures Summary Judgment on Appeal for Electrically Shocked Carpenter
New York City Attorney David H. Perecman, Founder of The Perecman Firm, P.L.L.C., recently secured a successful appellate decision granting summary judgment in favor of a carpenter who was electrically shocked while using a Hilti gun on a construction site where power had not been shut off and grounded or the work area appropriately insulated.
NEW YORK, March 19, 2019 /PRNewswire/ -- An appeals court in Manhattan handed down a successful decision in favor of a carpentry worker who was electrically shocked and injured while working on a construction site in New York. The Appellate Division, First Department of the New York State Supreme Court affirmed the decision below in favor of the injured worker without a trial, and held the defendants which oversaw the construction project were responsible to ensure power was either shut off and grounded or the work area effectively insulated prior to allowing any work to be performed.
The ruling stems from a construction accident case involving a carpenter who had been fastening pins into a high ceiling using a Hilti powder-actuated fastening tool equipped with a long fastening rod. While using the Hilti gun, he received an electrical shock and was injured as a result.
Mr. Perecman and the firm highlighted evidence provided by witness testimony from a coworker and foreman who had been on the worksite at the time of the accident. The coworker and foreman claimed to have seen uncapped wires in the vicinity of the area where the carpenter was working immediately after he was shocked. Further, they reported electricians came to the area of the construction site after the accident occurred to cap the wiring.
Although a supervisor of the project stated he did not see the uncapped wires, the appellate Court noted he had not arrived to the construction site until 20 to 30 minutes after the carpenter's accident. Due to testimony provided by the other witnesses, and because the Industrial Code requires power circuits be shut off and grounded or effectively insulated before any work is performed, the Court agreed the supervisor's statement was not sufficient to deny granting the motion for summary judgment, and ruling in favor of The Perecman Firm, P.L.L.C.'s client without a trial.
As Firm Founder David Perecman notes, the decision is a tremendous victory for his client, who will now have the opportunity to recover needed compensation for his injuries and damages. He also attests to how appellate decisions can set an important precedent for all those in similar positions facing uphill battles fighting for the recoveries they require:
"It's great to win trials for clients, but because prevailing on appeal has a lasting impact which affects the rights of workers who suffer harm on the job, this victory is especially satisfying."
With liability determined, damages suffered by the worker and the amount of compensation he is entitled to will now be decided in another proceeding.
David H. Perecman has distinguished himself as a leading NYC personal injury attorney passionate about fighting for victims and workers in cases involving construction accidents, premises liability, auto accidents, employment discrimination, civil rights abuses, and more. Over his thirty years in practice, he's won millions of dollars in compensation for clients, landmark verdicts and settlements, and the respect and esteem of his colleagues and local communities. More about Mr. Perecman and The Perecman Firm, P.L.L.C. can be found at www.perecman.com.
SOURCE The Perecman Firm, P.L.L.C.
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