A Manhattan Supreme Court jury awarded $11.5 million to a construction worker who fell 38 feet when a suspended scaffold platform collapsed at a Midtown Manhattan job site in February 2024, leaving him with a shattered pelvis, two broken femurs, and a traumatic brain injury that has permanently ended his construction career.
The plaintiff, Gustavo Reyes, 41, was working on the exterior restoration of a 34-story commercial building when the scaffold’s hoist mechanism failed, causing one end of the platform to drop without warning while Reyes was applying waterproofing sealant. He landed on a concrete debris pile below.
New York’s Labor Law Section 240
The case was tried under New York Labor Law Section 240 — commonly called the “Scaffold Law” — which imposes absolute liability on property owners and general contractors for elevation-related injuries caused by inadequate safety equipment. Under the law, plaintiffs need not prove negligence; only that the injury resulted from an elevation-related hazard.
The defendant general contractor, Meridian Construction Group, argued Reyes was the sole proximate cause of the accident because he had overloaded the scaffold in violation of posted weight limits. The jury rejected this defense.
The Scaffold Manufacturer
Co-defendant Brant Industries, which manufactured the hoist mechanism, was found 40% liable after evidence showed a known design defect in the ratchet assembly could cause catastrophic failure under sustained load — a defect Brant had been aware of since 2021.
The Award
The $11.5 million verdict includes $4.2 million for past medical expenses and future care, $3.8 million in lost earnings over a projected working career, and $3.5 million for pain, suffering, and loss of enjoyment of life. Reyes requires a permanent mobility aid and ongoing neurological treatment.