Construction sites are among the most hazardous jobs one can have in the United States. Workers often face the risk of serious injuries, due to everything from falls and equipment failures, to structural collapses and worksite accidents. When an accident occurs, the consequences can be devastating. Such was the case for Arian Hila, a construction worker who sustained catastrophic injuries while performing demolition work at the German Masonic Home in Tappan, New York, in 2018. This case study explores the legal journey that led to a $44 million settlement package, making it the largest settlement secured by Brandon J. Broderick, Attorney at Law, in any legal case to date.

This case study examines the legal strategies employed in reaching a settlement, the role of third-party liability, and the limitations and challenges faced by Hila's family and the Brandon J. Broderick legal team. We will also outline the factors that contribute to a successful personal injury case involving construction accidents, such as workers' compensation, third-party claims, and the importance of pursuing all available compensation avenues.

Overview of the Accident: Arian Hila’s Tragic Injury

Arian Hila was engaged in demolition work when a debris chute broke loose from a three-story building and collapsed onto him. Hila was attempting to clear a blockage when the chute detached, trapping him inside a large dumpster and causing severe injuries, including a traumatic brain injury. His last words before losing consciousness were a call to his brother, asking him to tell their mother he loved her. The accident left Hila unable to speak, eat, or perform life-sustaining functions on his own, requiring constant medical care.

Brandon J. Broderick’s legal team filed a lawsuit against several companies, including Superchute, the equipment manufacturer of the debris chute. After more than six years of litigation, the case resulted in a $44 million settlement package, illustrating the potential for substantial recovery in construction accident cases.

Workers’ Compensation in Construction Accidents

What Workers’ Compensation Covers

Workers’ compensation is often the first source of relief for injured workers. It provides benefits such as medical expenses, temporary or permanent disability payments, and rehabilitation costs. In New York, the family would have received benefits for medical care and lost wages, but these are often insufficient to cover the long-term costs of catastrophic injuries like Hila’s.

Why Pursue Additional Compensation?

In Hila's case, workers' compensation could not fully address the extensive financial burdens associated with his injuries. Workers’ compensation does not cover non-economic damages such as pain and suffering or loss of quality of life. Given the severity of Hila’s injuries, additional compensation was sought through a personal injury lawsuit. Pursuing a third-party claim allowed the family to seek compensation for medical expenses, ongoing care, loss of income, and the immense pain and suffering endured by Hila and his family.

Third-Party Liability: The Case Against Superchute

Legal Action Against the Manufacturer

A significant aspect of Hila’s case involved a third-party product liability claim against Superchute, the Canadian manufacturer of the debris chute. Our legal team argued that Superchute failed to provide adequate warnings and instructions on how to safely handle chute blockages, which was a direct factor in the accident. Testimonies revealed that Superchute was aware of the risks associated with chute blockages but had chosen not to include safety instructions on the equipment, opting instead to provide information online or through an 800 number.

Could the Third Party Have Avoided Liability?

Superchute could have potentially avoided liability by taking reasonable precautions, such as:

• Providing clear safety instructions on the chute itself about what to do in case of a blockage.
• Placing warning signs on the equipment to inform workers about the potential dangers of clearing blockages.
• Implementing better training for workers using their equipment.

The absence of these measures demonstrated a disregard for safety, significantly impacting the case against Superchute in favor of our client.

Statute of Limitations and Timing of Filing

In New York, the statute of limitations for personal injury cases is generally three years from the date of the injury. Hila’s lawsuit was filed in October 2018, eight months after the accident, allowing ample time for the legal team to investigate and build a strong case. Filing within the statutory period is essential in preserving a victim’s right to pursue compensation, and consulting an attorney promptly can ensure compliance with these deadlines.

The Need for a Trial

Despite extensive negotiations, settlement discussions failed to yield a satisfactory offer, prompting our team to take the case to trial. The trial process revealed additional details about Superchute’s safety practices, which helped build a case for negligence. The decision to proceed to trial was important in securing a fair settlement for Hila and his family, as the defendant companies were initially unwilling to provide adequate compensation.

Attorneys at Brandon J. Broderick, Attorney at Law who handled Hila’s case included Christopher Karounos, Paul Romano, and Raymond Carroll.

Attorney-Client Privilege and Sealed Details

Due to attorney-client privilege, certain details of the case remain sealed. However, it is known that the damages claimed in this case included:

• Medical expenses (both past and future)
• Lost income and diminished earning capacity
• Non-economic damages, such as pain and suffering and loss of enjoyment of life
• Compensation for ongoing care and rehabilitation

The ability to claim these damages depends on demonstrating the extent of the injury, the impact on the victim’s life, and the liability of the responsible parties.

Justice Delivered Through Persistence

The $44 million settlement package in Hila's case was achieved through persistence, legal expertise, and a commitment to securing justice for a severely injured worker. It underscores the importance of holding negligent parties accountable and seeking the maximum available compensation in construction accident cases.

Call Brandon J. Broderick For Legal Help

If you or a loved one has been injured in a construction accident, Brandon J. Broderick, Attorney at Law, is here to help. Our experienced team of construction accident attorneys can guide you through a workers’ compensation claim, third-party liability, and trial procedures if necessary. We understand the challenges you face and are committed to fighting for the compensation you deserve.

Contact us today for a free consultation to discuss your case and explore your legal options.