Roofer sues NYCHA after co-worker falls on him
Clarington Fortune, aged 70, was employed as a roofer. On December 5, 2016 he was installing a new water tank at a New York City Housing Authority (NYCHA) building in Brooklyn. Mr. Fortune’s co-worker, who was at the top of the tank, inadvertently slipped from a height of approximately twenty feet and fell on him. As a result of the falling worker's direct impact, Mr. Fortune sustained severe injuries, notably to his hip, Mr. Fortune had hip bone fractures necessitating emergency open reduction surgery. He was hospitalized for two weeks. Mr. Fortune was given inpatient rehabilitation treatment for nearly four months after his accident. He was not able to lift the front part of his left foot permanently. He also had a total hip replacement surgery after two years with a ten-day hospital readmission. This was followed by inpatient rehabilitation treatment for four more weeks. He continued to live with a limb length discrepancy of about two inches. Mr. Fortune sued NYCHA for his injuries. Another entity, American Pipe and Tank Lining Company was under a contract with NYCHA during this period to perform piping work on the site. The contract included an indemnity clause that enabled NYCHA to recover any losses or damages from American Pipe and Tank Lining if they failed to perform their obligations or were negligent. NYCHA enforced their contractual indemnity and sued American Pipe and Tank Lining Company to recover their losses.
The Lawsuit
Mr. Fortune sued NYCHA on various grounds including under Labor Law Section 240(1). This statute holds contractors and owners responsible for providing a safe workplace and requires compensation of injured workers. During the trial, Mr. Fortune contended that the NYCHA lacked appropriate safety measures at the site. NYCHA contended that Mr. Fortune’s co-worker who slipped was negligent while performing his duties. They argued that the co-worker tripped despite the best safety arrangements maintained by the NYCHA.
Based on the testimonies of other workers on the site, it was established that the NYCHA failed to provide safety equipment to safeguard both, Mr. Fortune and his co-worker from gravity related accidents. Mr. Fortune was granted summary judgment as to liability and the matter then proceeded to trial for damages. Mr. Fortune was awarded $2,000,000 for past pain and suffering, $1,000,000 for future pain and suffering, and $132,000 for future lost earnings. NYCHA appealed for the damages being excessive and contrary to the weight of the evidence. In a separate action, NYCHA also successfully sued American Pipe and Tank Lining Company to cover for its losses.
The Appeal
In Fortune v. New York City Housing Authority, Mr. Fortune contended that he was left with a hip that could only move two-thirds of its normal range of motion. He also added that he was permanently in pain, unable to participate in significant daily activities, and could not walk properly. The Defense largely agreed on how serious Mr. Fortune’s hip injuries were but argued that similar cases showed pain and suffering damages should range between $500,000 and $1,000,000. They also challenged the future lost earnings. Defendants contended that Mr. Fortune had failed to provide evidence to support his claim. Evidence suggested that at 70 years old, Mr. Fortune earned $33,000 per year before his accident. Mr. Fortune testified that he had been in excellent health prior to the accident and had intended to continue working for as long as he could, or possibly until he was 76 or 77 years old. Contrarily, the Appellate Court held that Mr. Fortune’s age and physical limitations would allow him to work for only three more years and ordered a reduction. The award for pain and suffering damages was reduced to $2,000,000 ($1,300,000 past, $700,000 future). The award for loss of future earnings was reduced to $99,000.
Sternberg Injury Law Firm
The Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases. Our firm can take on cases in all areas of New York City, including Bensonhurst and Cadman Plaza. We are accepting cases similar to this and other workplace defect issues. Our team offers free consultations to all individuals who have been injured and their families who wish to provide support. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. To initiate the procedure, please contact us today via our website, email, or phone call.