NEW YORK, June 7, 2021 /PRNewswire/ -- The Perecman Firm, P.L.L.C. today announced that firm founder and lead trial attorney David Perecman and attorney Mariusz Sniarowski secured a $6,000,000 settlement on behalf of a union construction worker who sustained serious injuries when the walls of a road trench collapsed in on him while he was affixing a temporary cap to a water main pipe. Prior to obtaining this settlement, the Supreme Court of the State of New York, New York County granted summary judgment in favor of the plaintiff on its New York Labor Law 241(6) cause of action against defendants, The City of New York and Mega Engineering and Land Surveying.
The accident occurred at a Brooklyn, NY job site that was being overseen by the defendants on May 21, 2015, at 7:00 a.m. when the 45-year-old plaintiff, a Local 1010 paver and roadbuilder, was replacing a water main pipe in a trench when it collapsed and partially buried him. The plaintiff sustained serious injuries to both legs, as well as to his neck and back, which required multiple surgeries. At the time of the accident, the trench contained no sheeting or shoring.
Mr. Perecman and Mr. Sniarowski, respected construction accident attorneys and experienced trial lawyers, filed liability claims on behalf of the plaintiff against the defendants for failure to provide trench protection and shoring to prevent the cave-in while allowing him to work inside the trench, violating at least four separate mandates contained in two separate New York Codes, Rules and Regulations (NYCRR), as well as various OSHA and New York City Department of Design and Construction (DDC) rules.
According to Court papers, the plaintiff's attorneys presented expert and witness testimony that the trench was in excess of five feet deep and, thus, required shoring and that the trench's soil was non-homogeneous–meaning it contained ash, sand or silt–and, under NYCRR 23-4.2(a), the trench required side and bank protection as well. The plaintiff's expert engineer testified that in the face of clear knowledge that the trench required side protection or shoring, such protection was not supplied. He testified that it is both expensive and very time-consuming to provide the protection required.
The Court granted the plaintiff's motion for summary judgment under New York Labor Law 241(6) because the site owner and engineer failed to provide shoring for the trench. The plaintiff's attorneys, Mr. Perecman and Mr. Sniarowski, negotiated a settlement of $6,000,000.
"It is gratifying to secure a fair settlement for our client who had suffered multiple serious, painful injuries that he will continue to live with for years to come," said Mr. Perecman. "We can never erase the trauma or pain our client endured and will continue to live with, but we can make his life more comfortable and provide for his needs."
About The Perecman Firm, P.L.L.C. Founded in 1983 by David Perecman, The Perecman Firm, P.L.L.C. is a full-service personal injury law firm with offices in New York, New York, and Jericho, New York. The firm's attorneys concentrate their legal practices in all aspects of personal injury, including construction accidents, premises liability, motor vehicle accidents, wrongful death, and civil rights matters, as well as workers' compensation and Social Security Disability. Recognized by U.S. News for the past eight consecutive years as one of the Best Law Firms in America for Plaintiff's Personal Injury in New York, and distinguished among their peers for their professionalism, knowledge, and results by nationally-recognized organizations, including Super Lawyers® and Best Lawyers®, the firm and its attorneys have recovered more than $500 million in verdicts and settlements on their clients' behalf. For more information, visit www.perecman.com.