Posted On: February 7, 2012 by Stephen Bilkis

On August 1, 2005 an employee of a construction company was working on a construction site

On August 1, 2005 an employee of a construction company was working on a construction site when he was injured. He was working as a laborer taking out tile, glass and fixtures from old apartments at the site and taking them to the dumpster. When one dumpster filled up, his manager told him to drag the empty dumpster from across the street over to the side of the street that he was working on in order to start putting debris into it. One of the sheet rock trucks was blocking the location and the manager told him to ask the sheet rock people to move that truck over to make room for the dumpster. The worker went over to the truck and asked the sheet rock workers to move the truck. As they started to move the truck, the worker was walking backward, guiding the sheet rock truck when he stepped on to a manhole cover. The manhole cover popped up onto its side and the worker fell into the hole with both legs. There were several witnesses to his fall. The worker testified at trial that earlier he had seen some water department people draining the fire hydrant into the man hole and that they had removed the cover and one man had gone down in to the hole. He stated that he had not seen any of the construction people on the site that he worked with anywhere near the man hole prior to his fall. This did not happen in Queens or Long Island.

There are several questions of fact in this case. First of all, the Justices cannot determine who owned the housing that was being worked on at the time of the truck accident. They also cannot determine who actually owns the property where the incident occurred. No deeds or affidavits have been submitted clarifying ownership. There is a question of who owned the manhole and who worked on the manhole thereby establishing who had responsibility to operate and maintain the manhole.

The Justices in this case determine that there are enough questions of fact to require a jury to hear this case. They determined that there could well be a findable case under Labor Law ยง241 for the fall and that as such, they are precluded from deciding on any summary judgment. It is so ordered by this Court that a trial shall be held in this case.

Stephen Bilkis & Associates with its Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including other areas of New York. Our Commercial Truck Accident Attorneys can provide you with advice to guide you through difficult situations. Without a Personal Injury Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the other side has not adequately made their case. Let us help you to recover from the devastation that has befallen your family. If you are ever the victim of a truck accident, we are here to help.

Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide Truck Accident Attorneys, Injury Lawyers, Big Rig Jackknife Injury Attorneys, and 18 Wheeler Crash Injury lawyers. Commercial Truck Accident Lawyers will stand by you and ensure that your rights are protected. Wrongful Death Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.