A construction worker who fell three stories at a New York construction site has settled his negligence lawsuit for $11 million.
Facts and Allegations
Djarmshed Mirzayev said that while working at a construction site in the Marine Park section of Brooklyn, New York, he fell through a hole in an unfinished floor and plummeted to the building's basement.
Mr. Mirzayev sued the site's owner, JPER LLC; the project's general contractor, DVIR MOG 18 Inc.; and a subcontractor, Maidenberg Steel Corp. The lawsuit alleged that the defendants had negligently failed to provide a safe workplace and that their failure constituted a violation of the New York State Labor Law.
JPER and DVIR MOG 18 impleaded Mr. Mirzayev's employer, A&A Masonry Corp., seeking indemnification.
Mr. Mirzayev acknowledged that the hole was covered but claimed that the cover was not secured and did not prevent his fall into the hole. He also claimed that Maidenberg Steel was responsible for securing any holes that may have been created during the construction project. His counsel contended that the accident stemmed from an elevation-related hazard, as defined by New York State Labor Law § 240(1), and that he had not been provided with the proper, safe equipment as required by the statute.
JPER's counsel claimed that Mr. Mirzayev had not been assigned to the work site and was merely volunteering at the time of the accident and, therefore, that he was not entitled to the protection of Labor Law § 240(1).
DVIR MOG 18 Inc.'s counsel contended that the company was not responsible for overseeing the work site.
Maidenberg Steel's counsel claimed that the hole's cover had been properly secured and that Maidenberg Steel was not responsible for securing any holes that might have been created during the construction project.
Result
The parties negotiated an $11 million pretrial settlement. Maidenberg Steel's insurer agreed to pay $4.5 million; DVIR MOG 18's insurer agreed to pay $3.5 million; JPER's insurer agreed to pay $1 million; A&A Masonry's workers' compensation insurer agreed to pay $1 million; and A&A Masonry's general-liability insurer agreed to pay $1 million in behalf of JPER as an additional insured.
The settlement also included a waiver of Mirzayev's workers' compensation lien.
The case is Mirzayev v. JPER LLC, No. 514207/16 (N.Y. Sup. Ct. Kings Co. Oct. 18, 2019). Attorneys involved include: Daniel P. O'Toole; Block O'Toole & Murphy, LLP; for Djarmshed Mirzayev. Scott Occhiogrosso; Block O'Toole & Murphy, LLP; for Djarmshed Mirzayev. Anthony D. Martine; McMahon, Martine & Gallagher, LLP; Brooklyn, NY for DVIR MOG 18 Inc. Thomas J. Maroney; Maroney O'Connor LLP; New York, NY for A&A Masonry Corp. Robert G. Schenker; Faust Goetz Schenker & Blee LLP; New York, NY for Maidenberg Steel Corp. Dennis J. Dozis; Litchfield Cavo LLP; New York, NY for JPER LLC.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel. Additional information was gleaned from court documents. Counsel for A&A Masonry, DVIR MOG 18, JPER, and Maidenberg Steel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].