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Electrician claimed job site’s debris caused fall, disabling injury

On February 23, 2013, Plaintiff N.M., 62, a union affiliated electrician, tripped and fell while working at a renovation site that was located at 920 E. 167th St, in the Foxhurst section of the Bronx.


Plaintiff claimed that his fall was a result of him having tripped on a rock whose size approximated that of a softball and other debris that littered that area and were results of excavation that had been performed by Keystone Construction & Development.


Plaintiff N.M. did not seek immediate medical treatment. He claimed that his lumbar region was painful, but that he believed that the pain was an aggravation of a pre-existing condition and would resolve. He had previously undergone fusion of his spine’s L4-5 and L5-S1 levels. Plaintiff ultimately claimed that he suffered a herniation of his L3-4 intervertebral disc. Plaintiff underwent a brief course of physical therapy, which included exercises and massages, but he claimed that he suffered ongoing pain. In February 2014, he underwent surgery that included a discectomy, which involved excision of a portion of an adjacent vertebra; fusion of his spine’s L3-4 level; implantation of stabilizing hardware; and application of a stabilizing graft of bony matter. The surgery was followed by a brief course of physical therapy.


After selection of a jury, but prior to the scheduled start of opening statements, the parties negotiated a settlement. Keystone Construction & Development’s insurer, which was obligated to indemnify the remaining defendants, agreed to pay $1 million.