Block O'Toole & Murphy Achieves Major Settlement of $10.1 Million After Lengthy Legal Struggle

In a notable victory for labor rights, the law firm Block O'Toole & Murphy (BOM) secured a settlement amounting to $10,100,000 following a seven-year legal battle concerning a construction laborer who suffered a devastating above-the-knee amputation in 2017. This complex case underscored the legal and procedural challenges that can arise in the construction industry, especially regarding safety protocols and liability.

The Incident and Its Aftermath

The unfortunate accident took place on a Friday afternoon, while the plaintiff was performing the duties of a traffic flagger at a busy construction site. Tasked with controlling the flow of vehicles, he briefly paused when an oncoming car crashed into him, pushing him against a parked vehicle and causing severe injuries that led to the amputation of his right leg.

Scott Occhiogrosso, one of the lead attorneys from BOM, described the situation as a challenging puzzle, stating, “This case was like a law school fact pattern; it had so many moving parts.” His colleague, Partner Daniel O'Toole, echoed this sentiment, highlighting the necessity for skilled attorneys well-versed in various legal fields, which ultimately contributed to their success.

The plaintiff had been thrown into the role of traffic flagger with little training, simply given an orange flag and instructed to manage traffic flow. This lack of proper training directly conflicted with the New York Industrial Code, which mandates that those operating in hazardous conditions receive adequate instruction. Occhiogrosso elaborated, “Our client didn’t know where to stand, when to flag, or when to stop safely.”

Navigating Legal Challenges

The legal team’s first significant hurdle was countering motions from the property owner and general contractor, who sought to dismiss claims under New York Labor Law 241(6)—a law that holds property owners and contractors liable for accidents resulting from code violations.

O'Toole and Occhiogrosso successfully navigated these motions by demonstrating the dangers associated with the plaintiff's role and the inadequate training provided. O'Toole emphasized, “We needed the court to understand how dangerous the work was,” which played a crucial role in keeping the case alive.

As the case progressed, the attorneys faced further obstacles when the insurance company for the general contractor attempted to deny coverage. The insurance company contended that the contractor breached their policy terms by misrepresenting the nature of their work, claiming it only hired subcontractors without on-site involvement.

In response, BOM's team unearthed a report from the insurance company's investigator that underscored the general contractor's on-site activities, countering the insurance company's arguments and demonstrating their prior knowledge of the contractor's true operational scope.

A Just Resolution

The groundbreaking evidence allowed the attorneys to advocate more effectively for their client. Ultimately, just 48 hours before the trial was set to commence, the insurance company reached an agreement to provide coverage. Subsequently, the defendants proposed a settlement that reflected the realities and implications of the original accident.

Throughout the legal journey, Occhiogrosso depicted the resilience of their client: “He continued to believe that ultimately things would break his way, and justice was going to be served.” Their commitment to achieving a favorable outcome not only resulted in significant financial compensation for the client but also highlighted the importance of regulatory compliance in the construction sector.

About Block O'Toole & Murphy

Block O'Toole & Murphy stands out as a premier personal injury law firm dedicated to representing individuals who have been harmed due to the negligence of others. With a robust track record of securing over $2 billion in verdicts and settlements, the firm continues to advocate for the rights of victims in various personal injury cases, including construction accidents and vehicular incidents. Interested parties can reach out for a free consultation by calling 212-736-5300 or visiting their website at blockotoole.com.