$5 Million settlement for family of painter killed on WTC reconstruction project

Smiley & Smiley, LLP obtained a $5.05 Million pretrial settlement for the family of a painter killed while working the night shift at the World Trade Center site as part of the Path Train Reconstruction Project following the Sept. 11, 2001, terrorist attacks. Our client was assigned the task of prepping and painting two staircase tower structures, which were each about 30 feet high and required the use of an aerial lift (man lift) to gain access. For his entire shift that evening, our client was working alone. At about 12:30 a.m., he was discovered crushed between the top of one of the tower structures and the basket of his aerial lift. Smiley & Smiley, LLP claimed that the defendants were negligent under New York State Labor Law § 200 in allowing our client to work alone without the benefit of a coworker and that working alone in a man lift was an unsafe work practice.

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