Trial Magazine

Union laborer Michael Voss, 55, was working on a water main installation project, which involved insulating a 6,000-pound, 21-foot section of pipe suspended on a loader with tines. After Voss finished insulating the pipe, the loader operator placed it back on the ground. The unsecured pipe rolled or slid down a slope, striking Voss and pinning him against the loader.

Voss sustained a fractured pelvis, left hip, and sacrum, necessitating physical therapy for approximately six months. The following year, he underwent arthroscopic surgery, labral debridement, and other procedures.

He continues to suffer pain, weakness, and limited range of motion in the hip and was forced to take early retirement, incurring estimated lost earnings and benefits of $400,000. Additionally, he can no longer participate in activities he previously enjoyed, such as ­bodybuilding and teaching an exercise class.

Voss sued Monroe County Water Authority, the owner of the project, alleging violations of provisions of the New York Labor Law. The plaintiff contended that in addition to violating general provisions of the law imposing a duty to provide a safe work environment, the water authority violated §240(1), which requires construction site owners and contractors to protect workers from elevation-related hazards.

The parties settled for $750,000.

Citation: Voss v. Monroe Cnty. Water Auth., No. 7122/15 (N.Y. Sup. Ct. Monroe Cnty. Nov. 28, 2017).

Plaintiff counsel: AAJ member Joseph A. Rossi Jr., Victor, N.Y.