Trial Magazine

Ralph Foxhall, a 43-year-old electrician, was standing on a ladder cutting through metal heating pipes suspended from a ceiling at a concrete plant. A ten-foot section of pipe swung down and knocked over the ladder, causing Foxhall to fall approximately 10–12 feet.

Foxhall suffered severe injuries, including a traumatic brain injury, a right brachial plexus injury, and spinal and orthopedic fractures. He was hospitalized for 22 days, followed by 10 days of inpatient rehabilitation. Additionally, he required follow-up visits to neurologists, orthopedists, and physical therapists, among others. His medical expenses were almost $124,000. He had earned $50,000 annually but is now unable to work.

Foxhall and his wife sued the property owner and related entities, alleging liability under N.Y. Labor Law §240 for failure to erect safety devices to protect him while he worked at an elevated height. The defense did not dispute Foxhall’s injuries.

The parties settled for $3.3 million plus waiver of an approximately $234,900 workers’ compensation lien.

Citation: Foxhall v. Oldcastle, Inc., No. 15-4769 (N.Y. Sup. Ct. Monroe Cnty. Oct. 30, 2017).

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