Block O'Toole & Murphy Achieves Remarkable Settlement
Block O'Toole & Murphy (BOM) has successfully secured a settlement amounting to $10,100,000 following a long and arduous legal struggle. This hard-fought victory was for a construction worker who faced a tragic above-the-knee amputation due to a workplace accident in 2017. The case unfolded over an extensive seven-year period, characterized by numerous challenges presented by the property owner, the general contractor, and the insurance company involved.
Understanding the Complexity of the Case
The case highlighted the complexity of legal matters involving personal injury claims, particularly in the construction industry. Scott Occhiogrosso, a partner at BOM and one of the lead attorneys, expressed that this case resembled a law school examination, filled with intricate details and multiple facets. "It was a blessing to have the quality of lawyers that we have here, who know these different areas so well," he noted, showcasing the firm's expertise.
The Incident That Changed Everything
The incident that led to this extensive legal battle occurred on a Friday when the plaintiff, tasked with flagging traffic at a construction site, was severely injured. An unsuspecting vehicle struck him while he was performing his duties, resulting in catastrophic injuries that necessitated the amputation of his leg. Despite lacking prior experience in traffic flagging, the plaintiff was thrust into this role with little direction, highlighting a critical aspect of safety training that was overlooked.
Legal Groundwork and Initial Challenges
Under New York law, property owners and general contractors are obligated to provide proper training and instruction to employees engaged in potentially hazardous work. Occhiogrosso emphasized this point, stating that the lack of training resulted in the plaintiff being unprepared for the responsibilities of his role. In conjunction with BOM partner Daniel O'Toole, a claim was initiated against the property owner referencing New York Labor Law 241(6), which can hold property owners accountable for safety violations leading to injuries.
However, the legal journey faced initial hurdles as the property owner sought to dismiss the case by naming the general contractor as a third-party defendant. Successfully navigating this motion was crucial to keep the case alive, and the legal team’s persistence paid off when they proved the dangers of the job coupled with the absence of any training sessions.
The Battle with the Insurance Company
The situation escalated when the general contractor's insurance company attempted to evade its responsibility by claiming a breach of contract regarding coverage. This shift meant the legal team would now require a declaratory judgment action to determine whether the insurance policy was valid under the circumstances of the accident.
A Critical Discovery
The legal team uncovered crucial evidence: a report from an investigator who had evaluated the general contractor prior to the signing of the insurance policy. The report suggested that the contractor had been involved in more hands-on work than initially communicated. Utilizing this evidence, the attorneys were able to confront the insurance company’s arguments, indicating they had sufficient information before granting coverage.
"When we found the investigator's report, we were able to say, wait a minute, you knew about [the additional work] before you ever wrote the policy," O'Toole recounted, emphasizing the vital role of thorough investigative work in achieving a favorable outcome.
Resolution and Reflection
Ultimately, just 48 hours before the trial was scheduled to begin, the insurance company agreed to extend coverage to the injured worker, leading to a settlement offer from the defendants. Through these challenges, Occhiogrosso and O'Toole remained motivated by their client's resilience and the desire to see justice served for someone who had endured such a traumatic experience.
A Note on Client Advocacy
The attorneys’ commitment to their client underscored the importance of advocating for victims of negligence. The plaintiff maintained his strength throughout the tumultuous process, believing that justice would be realized. Occhiogrosso reflected on this sentiment, celebrating their client's tenacity amidst such adversity.
About Block O'Toole & Murphy
Block O'Toole & Murphy is a reputable personal injury law firm dedicated to representing victims who have been adversely affected by negligence. With a track record of recovering over $2 billion in verdicts and settlements, the firm specializes in cases involving automobile incidents, construction mishaps, and various personal injury claims. For those seeking assistance, the firm offers free consultations at 212-736-5300.
Frequently Asked Questions
What led to the settlement in this case?
The settlement was a result of a prolonged legal battle that highlighted safety violations and lack of training by the property owner and general contractor.
How did Block O'Toole & Murphy assist their client?
The firm provided legal expertise in navigating the complexities of the case, focusing on responsibility and safety regulations.
What is New York Labor Law 241(6)?
This law holds property owners and contractors accountable when their negligence leads to workplace injuries, particularly in construction settings.
Why was the insurance company's position challenged?
The company claimed a breach of contract, but the legal team successfully demonstrated that they had prior knowledge of the contractor's activities.
What does the firm focus on?
Block O'Toole & Murphy specializes in personal injury cases, ensuring victims receive the compensation they deserve for their suffering.
