Last month, Forty-six year old construction worker, Gilbert Hernandez, was awarded $5.5 million at trial. The jury deemed that a ladder should have been provided. He had been inspecting the site, when he fell backward off of the support beam. It injured his back and leg.
The plaintiff claimed that the defendant failed to adhere to New York law when they failed to provide proper safety devices, in this case, a ladder. However, the defendant and the lawyers claimed that they actually did provide safety equipment, including a ladder, and that the plaintiff just didn't use it. Apparently, the jury believed the Plaintiff over the defendant.
Congratulations to the plaintiff's personal injury attorney. Personal injury legal representation can often be risky and speculative. It's great to know the injured has been helped.