Foreman falls through floor: Failure to place barriers around unfinished section of floor: Wrongful death: Settlement

Law Reporter, Apr 2003

Foreman falls through floor: Failure to place barriers around unfinished section of floor: Wrongful death: Settlement.

Yarbo v. FC Court St. Assocs., LLC, N.Y., Kings County Sup. Ct., No. 8448/00, Oct. 1, 2002.

Yarbo, 51, was working at a construction site when he fell 28 feet through a partially completed floor, suffering fatal injuries.

Yarbo, an ironwork foreman, had earned around $70,000 annually for a few years before his death. He is survived by his wife and two adult children.

Yarbo's wife sued the construction company, alleging failure to provide safety equipment as required by New York Lab. Law sec 240. Specifically, plaintiff alleged that there were no barriers around the unfinished section of flooring.

The parties settled for $1.95 million. Of that amount, $1 million was paid in cash and the remainder is the present value of an annuity.

Plaintiff's expert was Robert Glasgow, ironworking, New York, N.Y.

Plaintiff's Counsel

*Robert M. Ginsberg, New York, N.Y.