This case involves a Bronx plumber’s fall from the 6th rung of an 8- foot A-frame ladder at a construction site. On the date of his construction accident, the worker was employed by a plumbing contractor who was hired by a school to replace the building’s existing plumbing system. At the time of his accident, the worker was attempting to install hangars in the ceiling for new vent pipes when the ladder he was working on shifted and kicked out causing him to fall off the ladder and onto the basement floor.
As a result of this accident, the 51- year old plumber suffered injuries to his left knee which required surgical intervention. Unfortunately, the worker’s situation was complicated by recurring infections that necessitated further surgery to treat the ensuing infection. The worker also suffered an injury to his lower back which also required surgical intervention.
While Jacob Oresky, Esq. took the position that the worker’s injuries were serious, permanent and causally related to the accident, the doctors hired by the insurance company opined that the worker made a good recovery and that his back injury was not related to his fall. During the litigation of this matter Oresky’s firm successfully obtained an Order granting the worker judgment on the issue of liability pursuant to the Labor Law of the State of New York arguing the owner of the property and the general contractor failed to ensure that the ladder given to the worker was properly braced and secured. Therefore the building owner and contractor were found 100% responsible for the accident.
The insurance company took an appeal from this decision and Jacob Oresky, Esq. successfully convinced the Appellate Division to affirm this decision. The worker’s case was thereafter stalled due to countless motions and appeals by the law firm hired by the insurance company. During the litigation of this matter the insurance company failed to make the worker a reasonable offer to settle his case, hinting only that they would be willing to pay $750,000.00 which was repeatedly rejected by the client, Oresky and Nonnenmacher.
While this matter was awaiting resolution of the motions and appeals, and with a trial looming in the near future, John J. Nonnenmacher, Esq. successfully convinced the insurance company at a mediation to settle the worker’s action for $5.6 million dollars. John J. Nonnenmacher is a senior trial attorney at Oresky & Associates and has been selected by his peers as one of New York’s Super lawyers for more than a decade and was selected to be included in the “Best of the Best” as a trial attorney. At Oresky & Associates, PLLC we aggressively represent our clients from the moment we are retained until the conclusion of the case. Our entire staff of paralegals and trial attorneys work together to obtain the maximum compensation for our clients.
Call us today for a Free, No Obligation, Consultation on your accident case at 718-993-9999.