Trial Magazine

Ashish Hallan, a 37-year-old construction worker, was working at an apartment building undergoing brick restoration. Hallan was ordered to retrieve tools located on a rope scaffold situated on the building’s fourth floor. As he walked on the scaffold, it shifted, causing him to fall 30 to 40 feet onto the concrete courtyard below.

Hallan suffered pelvic and elbow fractures, necessitating debridement and open reduction and internal fixation of his left elbow. He developed an ileus and was transferred to another facility, where he later underwent open reduction and internal fixation surgery on his pelvis.

Hallan, who had earned $80 per day, incurred medical expenses of approximately $78,500.

Hallan sued his employer—a construction company that did not provide him with workers’ compensation benefits—and the owner of the apartment building, alleging failure to secure the rope scaffold. The plaintiff moved successfully for summary judgment on liability.

During jury deliberations, the parties reached a high-low agreement of $2.5 million to $5 million. The jury awarded $6.25 million.

Citation: Hallan v. SS & A Malik Contracting Corp., No. 507164/2014 (N.Y. Sup. Ct. Kings Cnty. Apr. 6, 2017).

Plaintiff counsel: AAJ members Ben B. Rubinowitz and Christopher J. Donadio, both of New York City.

Plaintiff expert: Shearwood McClelland, orthopedic surgery, New York City.

Defense expert: Gregory Montalbano, orthopedic surgery, Staten Island, N.Y.