Attorney Thomas Brennan secured a jury verdict of over $2.7 million for a 40-year-old Brazilian construction worker injured in a 2019 Brooklyn job site accident. The trial, held in Kings County Supreme Court, New York, focused solely on damages and lasted more than four weeks.
Case Background
In July 2019, while working at a construction site in Brooklyn, the plaintiff suffered a serious injury when concrete fell and struck his eye. The impact caused him to fall from a ladder, leading to further injuries to his neck, back, and left shoulder.
He received immediate treatment for an eye abrasion but did not seek treatment for his other injuries until nearly four months later. Over time, his symptoms worsened despite conservative treatments, including pain management and injections. Ultimately, he underwent a one-level lumbar fusion and arthroscopic shoulder repair after non-surgical efforts failed.
Legal Disputes and Trial Strategy
The defendants contended that the fall caused only the eye abrasion and claimed that the remaining injuries stemmed from pre-existing or degenerative conditions. They emphasized the delay in the plaintiff’s treatment for his back, neck, and shoulder as evidence against causation.
Despite these arguments, the jury accepted the plaintiff’s position that the fall directly caused or aggravated his injuries. Brennan effectively demonstrated how the incident led to a deterioration in the plaintiff’s quality of life, making the case for substantial damages.
Notably, the defense made no settlement offer until jury selection and offered no more than $750,000 during trial, which the plaintiff rejected.
Jury Award Breakdown
Total Award: Over $2.7 million
Pain and Suffering: Over $2 million
Other Damages: Remainder attributed to medical costs and related losses
Significance
The verdict underscored the jury’s recognition that traumatic injuries can cause or aggravate underlying conditions, even with delayed treatment. The award far exceeded the defense’s best offer, reflecting the jury’s belief in the severity and legitimacy of the plaintiff’s injuries and the compelling evidence presented by Brennan.
Details were originally shared by Wingate, Russotti, Shapiro, Moses & Halperin, LLP via LinkedIn: