Shaky ladder led to fall, amputation of leg, worker claimed

In May 2004, plaintiff David Belding, 50, an installer of protective window coatings, worked at a commercial renovation site that was located at in Manhattan. During the course of his work, Belding fell off of a 12-foot-tall A-frame ladder. He landed on the ground, and he sustained injuries of an ankle and a leg.

Belding sustained a fraction in his right leg's tibia and fibula. After multiple attempts to fix his leg, Belding's doctors concluded that a below-the-knee amputation had to be done and was done in September 2010.

Belding sued the building's owner, Verizon New York Inc.; the renovation project's general contractor, Northern Bay Contractors Inc.; Verizon New York's construction manager, Tishman Interiors Corp.; and the building's contracted maintenance provider, Dynaserv Industries Inc. Belding alleged that the defendants violated the New York State Labor Law.

Belding's attorneys ultimately discontinued the claim against Dynaserv Industries. The remaining defendants were covered by an insurance policy that had been secured by Verizon New York, so Verizon New York assumed defense of the case.

Belding claimed that the ladder shook and moved. He contended that the ladder had been provided by an employee of Dynaserv Industries or Tishman Interiors. He claimed that he had previously been provided a scaffold, but that the scaffold was not available when the accident occurred.

Belding's counsel contended that the incident stemmed from an elevation-related hazard, and that Belding was not provided the proper, safe equipment that is a requirement of labor laws.

The parties negotiated a pretrial settlement. The defendants' insurer agreed to pay $9.7 million.

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