$6.5 Million* Awarded to Long Island Construction Worker After Trench Collapse

A Long Island construction laborer faced a harrowing ordeal when an excavation trench in New York City gave way, burying him beneath tons of earth. This was not merely an accident; it was a devastating failure of safety, leaving him with profound physical and psychological trauma. This is how our construction accident lawyers at Oresky & Associates, PLLC, championed his cause, securing a significant $6.5 million resolution after successfully proving absolute liability on the part of those responsible.

Caught Beneath the Earth: A Preventable Disaster

The client's employer was engaged in a specific task: excavating a trench alongside a New York City building to find a water pipe leak. For three days, our client and his fellow workers manually dug this trench, clearing earth by hand. The excavation ultimately measured approximately 5 feet wide, 8 feet long, and a perilous 10 feet deep.

While engaged in his work within the trench, a terrifying event unfolded: the massive pile of excavated dirt, unsafely situated, suddenly collapsed inward, engulfing him completely. He was trapped, unable to breathe, losing consciousness until his quick-thinking coworkers frantically cleared dirt from his nose and mouth. He remained entombed for over an hour as the FDNY worked meticulously to shore up the unstable trench walls and free him from the earth's grip. This incident highlighted a severe absence of fundamental safety precautions.

Establishing Unquestionable Fault

The unsafe state of the trench, marked by an utter absence of proper protective measures, clearly demonstrated violations of New York State Labor Law and the Industrial Code. The defendants' disregard for these regulations directly caused our client's catastrophic injuries.

Through our firm's diligent investigation, persuasive legal arguments, and successful appellate proceedings, we achieved a crucial legal victory: summary judgment was granted in our client's favor. This ruling decisively assigned 100% responsibility for the accident to the defendants, leaving no question about their liability for the safety failures.

The True Measure of Harm

The accident inflicted a range of severe and lasting injuries upon our client, including multiple fractures to his back, a herniated cervical disk necessitating spinal surgery, a shoulder tear requiring surgical repair, and the enduring impact of post-traumatic stress disorder. These and other injuries ensured a future requiring continuous care and support.

To fully convey the extent of his losses, our firm brought in a team of highly qualified specialists. These included medical doctors who detailed his physical condition, a life care planner who mapped out his future medical and personal care needs, and an economist who quantified the long-term financial consequences, including his diminished earning capacity.

Driving Towards a Substantial Outcome

James McCrorie, Esq., our firm's lead trial attorney, meticulously prepared the case for court. All testifying experts were ready, and the process of jury selection was scheduled to commence. However, during a mediation session convened just prior to the planned trial, Mr. McCrorie's thorough preparation and determined negotiation secured a significant resolution: the case settled for $6.5 million.

Our client and his family expressed immense satisfaction with our firm's attentive guidance, thorough preparation, and the highly favorable outcome that will profoundly impact their future.

Injured on a New York City Construction Site?

If a construction site incident in New York City has caused you or a loved one harm, understanding your recourse options is vital. Contact Oresky & Associates, PLLC, for a complimentary discussion of your case. We advocate for you.

*Prior results do not guarantee a future similar outcome.