$1,775,000 Settlement for Unsafe Workplace/Workplace Accident

Kenneth Elwood represented a 43-year-old truck driver who was injured on July 20, 2010 in the course of his employment. At the time, his employer had been contracted by Synagro Technologies, Inc., to transport solid waste from Passaic Valley Sewerage Commission to a local rail yard for transportation out of state. In the process of manually tarping the truck, a bungee broke causing the mobile ladder that our client was standing on to tip over, causing him to fall, sustaining serious injuries . Ken asserted that the contract between defendants Synagro and Passaic Valley Sewerage Commission, required a permanent platform structure to be erected for the process of tarping and sealing containers. Instead, the defendants selected to use mobile ladders which are more dangerous in that they cause a fall risk without any added safety. The Defendants contended that the methods selected were safe and adequate.

Our client suffered injuries to his left foot, left ankle, left elbow and lower back. After several surgical procedures on his ankle, he underwent total ankle replacement surgery. His injuries also necessitated a left elbow ulnar nerve transposition surgery and multiple epidural injections for herniated discs in his lower back. He is left with a permanent limp and antalgic gait, and, he is disabled from engaging in his prior employment as a truck driver.,The case was scheduled for trial on November 2, 2015, but settled at mediation with the Hon’ Paul J. Vichness on October 27, 2015.