$2.6 Million Settlement for HVAC Worker Struck by Falling Ceiling Panel

In September 2017, a 40-year-old HVAC business owner was on the 24th floor of a commercial building in Lower Manhattan, supervising his crew as they installed ductwork during a major renovation. He was standing below workers employed by the general contractor who were in the process of hanging a large decorative cloud ceiling panel. One of the chains supporting the panel snapped. The heavy structure swung down and struck the man in the back of the head. He lost consciousness briefly and was surrounded by coworkers when he came to.

The firm identified this as a Labor Law Section 240(1) matter from the outset. That statute places non-delegable liability on building owners and general contractors when improperly secured objects at elevation fall and injure workers below. The building owner had hired the general contractor to run the renovation; the general contractor had subcontracted the HVAC work to the client's company. Despite that chain of subcontracting, ownership and the general contractor retained their duty to maintain a safe worksite under New York law.

The firm moved for summary judgment on liability. The court granted it. Defendants then moved to reargue, submitting testimony from their own workers claiming no one had actually seen the panel make contact. The court reviewed those transcripts and rejected the motion, noting that none of the cited witnesses were present at the time of the incident. Summary judgment remained in place, leaving only damages to resolve.

The client sustained injuries to his back, knees, and shoulder that required medical treatment and limited his ability to work. Senior Trial Partner Adam Moses Orlow handled the case. With liability settled by court order, the parties resolved the matter for $2.6 million.