Ronald E. Blake v. 155 East 79th Street, LLC and T.G. Nickel & Associates, LLC
Type of Injury
CONCUSSION AND NECK INJURIES
Kings County, New York
The parties negotiated a pretrial settlement. T.G. Nickel & Associates’ insurer, which was contractually obligated to indemnify 155 East 79th Street LLC, agreed to pay $340,000. The negotiations were mediated by Robert Adams, of National Arbitration and Mediation Inc.
On July 9, 2014, plaintiff Ronald Blake, 61, a carpenter, worked at a construction site that was located at 155 E. 79th St., in Manhattan. During the course of his work, Blake was struck by plywood and lumber that had fallen from an overhead location. Blake claimed that he sustained injuries of his face, his head, his neck and a shoulder.
Blake sued the premises’ owner, 155 East 79th Street LLC, and the construction project’s general contractor, T.G. Nickel & Associates, LLC. Blake alleged that the defendants violated the New York State Labor Law.
Blake claimed that the plywood and lumber were components of a temporary frame that had been securing a freshly poured concrete floor. He claimed that the material was dislodged by a worker utilizing a crowbar. Blake’s counsel contended that Blake should not have been permitted to work beneath an area in which the frame was being dismantled. He contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Blake was not provided the proper, safe equipment that is a requirement of the statute.
Defense counsel did not dispute liability.