Essex County Injury Lawyers Gerald H. Clark and Lazaro Berenguer of Clark Law Firm P.C. Secure $400,000 Recovery for Injured Mason in a Scaffolding Fall

BELMAR, NEW JERSEY , UNITED STATES , May 2, 2023/EINPresswire.com/ -- A Clark Law Firm client was working as a mason on the construction site of a Hampton Inn and Suites Hotel at 1277 Route 22 West, Bridgewater, New Jersey.

While working at a height of about six feet, this mason worker experienced a sudden destabilization of the scaffolding beneath him, forcing him to jump off.

The Injured Mason Worker Required Surgery for His Injuries

Unfortunately, he landed on an ungraded pile of excavation materials, resulting in a fractured calcaneus. The necessary surgical intervention included the installation of a plate and screws to realign the bone, leading to a wage loss claim totaling $48,000.

The worker, who had assembled the scaffolding from which he fell, alleged that the ground upon which he landed was rendered unsafe due to the presence of ungraded excavation materials, such as dirt, clay, and rocks. This unfortunate circumstance led to an awkward landing, resulting in significant injury to his foot.

The Mason’s Work Area Allegedly Failed to Comply with Several New Jersey Safety Standards

It was further claimed that the work area's failure to comply with several safety standards, which mandate a safe working surface, directly contributed to the severity of the injury sustained.

Multiple Parties Were Blamed for This Incident

Legal claims were filed against the project owner, the general contractor, and the excavation subcontractor, all of whom bore responsibility for the incident, the case alleged. The owner of the project was FSG Bridgewater Hotels, LLC, XXS LLC, and Hilton Franchise Holdings LLC (hereinafter referred to as Defendant ‘FSG’). Defendant FSG hired Defendant Pro Con, Incorporated, and Pro Con, Incorporated of NH (“Pro Con”) as the general contractor/construction manager. Pro Con, in turn, hired Defendant Con Serv Construction, Inc. (“Conserv”) as a Sub-Contractor to perform the excavation and concrete work. The injured worker was a mason for P&L Maintenance and Restoration which did brickwork on the project.

The case was filed in Essex County Superior Court in Newark, New Jersey entitled Alfredo Sousa v. Hampton Inn & Suites, et al., Docket No.: ESX-L-5526-18. It was litigated for four years by attorneys Gerald H. Clark and Lazaro Berenguer of the Clark Law Firm. It was settled in April 2023 at a conference before the Honorable Jeffrey Beachum, J.S.C. Selective Insurance for the general contractor paid $200,000 and Travelers Insurance paid $200,000 for the Conserv defendants toward the settlement. The plaintiff had to pay $59,000 back to the workers' compensation insurance company from the settlement.

Gerald H. Clark, the principal of the Clark Law Firm P.C. commented, “This was a hard-fought case that was dragged out by the insurance companies for too long. We are however pleased that in the end, we were able to achieve some measure of justice for our deserving client and hopefully deter the same thing from happening to others in the future.”

For more information on this case or Clark Law Firm P.C., visit our website here or call us at 1-877-841-8855.

Dimple Dang, Marketing Director
Clark Law Firm P.C.
+1 213-393-6051
dimple@clarklawnj.com
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