Eric Schwarz Obtains $3.75 Million Settlement in Wrongful Death Labor Law Case

Sullivan Papain attorney Eric Schwarz secured a $3,750,000 settlement on behalf of the estate of a 42-year-old roadway resurfacing worker who was tragically killed while on the job.

The worker was part of a nighttime resurfacing crew operating on a roadway adjacent to a hospital. To reduce noise levels, municipal officials requested that backup alarms on construction vehicles be disabled. As a result, a feeder truck moving in reverse struck and fatally injured the worker.

Sullivan Papain filed claims against the municipality under Labor Law §200 and §241(6), arguing that:

• The municipality acted negligently by directing that backup alarms be disabled.
• The municipality failed to enforce safety protocols, specifically the use of spotters to guide vehicles reversing near workers, in violation of the Industrial Code.

The defense stated that the municipality did not mandate the alarm deactivation, but rather left the decision to the resurfacing crew’s foreman. The municipality also claimed that the vehicle operator was responsible for the accident by reversing with an obstructed view.

The worker, a union laborer, left behind a wife and two children, ages 22 and 19 at the time of the accident.

The case was settled for $3.75 million during pretrial mediation, ensuring that the worker’s family received the compensation they deserved for their loss. 

Learn More About Firm Member Eric Schwarz 

Eric K. Schwarz, has been with the Firm for his entire legal career over which he has distinguished himself by litigating medical malpractice and general negligence cases. To learn more about firm Member Eric Schwarz, click here.