Manuel Bailon v. Stahl York Avenue Co., L.L.C.
Type of Injury
TRAUMATIC BRAIN INJURY, HERNIATED DISC AND MEDIAL MENISCUS TEAR
New York, New York
The parties negotiated a pretrial settlement. Stahl York Avenue’s primary insurer agreed to pay $1 million, and Stahl York Avenue’s excess insurer agreed to pay $1 million. Thus, the settlement totaled $2 million. The negotiations were mediated by Kenneth Grundstein, of National Arbitration and Mediation Inc.
On March 26, 2015, plaintiff Manuel Bailon, 49, a painter, worked at an apartment building that was located at 415 E. 64th St., in Manhattan. During the course of his work, he fell off of a closed A-frame ladder that he had leaned onto a stairwell’s wall. He landed on the stairway, and he claimed that he suffered injuries of his back, a knee, his neck and a shoulder.
Bailon sued the premises’ owner, Stahl York Avenue Co., LLC. He alleged that Stahl York Avenue negligently failed to provide a safe workplace. He further alleged that the company’s negligence constituted a violation of the New York State Labor Law.
Bailon claimed that the ladder was a necessary means of reaching the upper portion of the stairwell’s wall, but that it could not have been opened and properly deployed within the confines of the stairwell. Bailon’s counsel contended that the accident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Bailon was not provided the proper, safe equipment that is a requirement of the statute.
Defense counsel claimed that Bailon had been provided poles that would have extended the reach of his painting tools and therefore eliminated a need for the ladder. Defense counsel also claimed that Bailon had been told that the ladder was not to be used.