Losi & Gangi Resolve Construction Site Injury Claim

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Plaintiff awarded for injuries sustained in construction site accident.

Losi-Gangi recently resolved a construction site injury claim for a 54-year-old laborer, who sustained serious injuries while working on the renovation of a historic downtown property. (Index No. I2012-3382, Supreme Court of Erie County)

According to the court documents, the client was injured on August 30, 2012 when the floor he was demolishing collapsed causing him to fall approximately 10 feet to the floor below. Although he was exposed to an elevation-related risk, he was not provided with proper safety equipment such as safety harnesses, safety belts, safety nets, ropes, lifelines or scaffolding. Losi-Gangi commenced a lawsuit against the property owner and the general contractor in charge of the renovation alleging violations of New York State Labor Law §§240(1) and 241(6). These sections of the New York State Labor Law impose the ultimate responsibility for job site safety on owners and general contractors. Here, the property owner and general contractor alleged that our client’s accident was the result of his own negligence and that he was not entitled to any recovery under the New York State Labor Law.

The client sustained serious injuries to his neck and back and underwent significant treatment, including physical therapy, chiropractic care, pain management and surgical intervention, states the court documents. At the time of this accident, the plaintiff was earning approximately $25,000 per year. He has not yet returned to work because of the permanent nature of his injuries. He will continue to experience pain and suffering and will require medical care for the foreseeable future. The lawsuit sought recovery for past, present and future: pain and suffering, lost wages and medical expenses.

The lawsuit lasted approximately two years, according to the court documents. During this time, Losi-Gangi conducted numerous depositions and engaged in extensive discovery on behalf of the client. The information obtained through the depositions and discovery allowed the law firm to successfully negotiate a settlement for the client without delay and expense of a trial. After lengthy negotiations, the insurance carriers for the owner and general contractor agreed to pay the client $850,000 in compensatory damages.

About the company:

The law firm of Losi & Gangi is a general partnership of attorneys concentrating the majority of their practice on workers' compensation matters, Social Security Disability and plaintiff's personal injury.

The firm consists of partners David Paul Losi, Jeffery D. Gangi and Harry G. Modeas, with associate attorney Thorice M. Jacobs. In addition to their attorneys, the firm also employs a licensed workers' compensation representative Jay P. Boardway.

The vast majority of the law firm’s clients are individuals who have sustained injuries as a result of workplace accidents, construction accidents, slip-and-fall or motor vehicle accidents. For more information, please visit their website at http://www.losi-gangi.com.

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Jeffery Gangi
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