In 2021, an amusement park was being constructed in Orange County, NY. Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) client, a 42-year-old, right-handed carpenter from Highland, NY, was asked by the general contractor to assist in moving a large and very heavy dragon’s head. In the past, the dragon’s head had been moved by a mechanical hoist. On this occasion, FKC&S’s client was asked to move the dragon head using two-by-fours and a dolly.
While trying to use two-by-fours, with others, to lift and move the dragon head, FKC&S’s client suffered a right biceps tendon tear requiring surgery. He is now back at work with minimal deficits. FKC&S filed suit against the owners of the property and the general contractor under the New York State Labor Law alleging negligence and strict liability. These statutes are intended to protect workers and guarantee them a safe place to work.
After the plaintiff testified at his deposition, a mediation was held and Steven H. Cohen obtained a $350,000 settlement for FKC&S’s client.