$1.265 Million Recovery for Mason Worker Who Fell on Rebar Mat
Moises Pinho was a mason foreman for his employer, Mr Concrete Corporation. On December 20, 2013, he was working on a large seven story condo complex tower in Hackensack, N.J. known as Meridia Metro Hackensack. His workers had installed a rebar mat form for the concrete floor at the second level. As Pinho was walking across the mat to take a measurement, he slipped and fell onto the mat, injuring his back.
The owner/developer of the project was Capodaghli Property Company. The general contractor was Meridia Metro Hackensack, LLC. Plaintiff Moises Pinho filed a complaint in Middlesex County Superior Court on November 13, 2015 (MON-L-6808-15) alleging the owner/developer and general contractor failed to enforce OSHA and construction industry safety standards on the project and maintained an unsafe work site. Discovery revealed the general contractor had no safety meetings, no safety rules or safety manual, and no worker accident prevention measures were in place on this $30 million project. Pinho alleged the rebar should have contained a plywood walking path so workers did not have to walk directly on the rebar mat.
Moises Pinho injured his back in the fall. Specifically he sustained a herniated disc at L2-L3 and a annular tears at L3-L4 and L5-S1. On April 18, 2014 he underwent a discectomy at L2-L3 and on September 25, 2015, he underwent a laminectomy at L4-L5. He had been unable to work at his previous job as a mason foreman since the accident and claimed $300,000 in lost wages.
The complaint was filed on November 13, 2015. Gerald Clark, Esq. litigated prepared the case for trial. The claims against the owner, Capodaghli Property Co. settled for $15,000 in November, 2017 which settlement was paid in January, 2018. The total workers compensation lien was $148,000. The claims against the general contractor were settled at trial on March 21, 2018 for $1,250,000 and the settlement funds were paid by the carrier for Meridia Metro, CNA Insurance Company, on April 5, 2018.-1