CONSTRUCTION WORKER IS KILLED WHEN TRENCH WALLS COLLAPSE CAUSING HIM TO BE BURIED IN THE TRENCH AND DIE OF ASPHYXIATION

FIVE ($5,000,000) MILLION DOLLAR SETTLEMENT

Clifford Shapiro recently obtained a $5,000,000.00 settlement for the family of a construction worker who was killed while working in a trench at a construction site on Staten Island. At the time of the accident the worker was inside an approximately 10-12 foot deep trench. The trench walls were not shored in any way and while the worker was in the trench, it collapsed burying him underneath a mountain of dirt where he died. The general contractor pled guilt to various crimes for knowingly failing to properly shore the walls of the trench to prevent this type of collapse.

The trench was dug on a New York City roadway, so that the contractor could connect pipes underneath the roadway to an adjacent housing development that was under construction. The problem that we faced in bringing our Labor Law claims in this case was that the decedent was employed by the general contractor, who was also the owner of the land that the houses were being constructed on. Thus we were barred by the Worker’s Compensation laws from bringing a cause of action against them.

In light of this, we proceeded against the City of New York because the trench was dug on the City street which was owned by the City of New York. We ultimately obtained summary judgment against the City of New York pursuant to Labor Law Sect. 241(6) even though the City merely issued a permit for the roadway opening and had no involvement in the construction. The City ultimately obtained summary judgment against plaintiff’s employer.

The decedent left a wife, and five children three (3) of who were under the age of 14.

< back | more >

An attorney client relationship is not established by submitting this initial contact information.

420 Lexington Avenue
Suite 2750
New York, NY 10170

Telephone: 212-986-7353
Fax: 212-953-4308
E-mail: wrs@wrslaw.com