$3.5M Settlement | Construction | New York

This case involves the failure of a general contractor/property owner to ensure that their subcontractor’s employees, who were working at elevated heights, were provided the necessary safety equipment as required by NY Labor Law Section 240. This negligence resulted in a 42-year-old worker falling from a ladder (on top of a scaffold) and becoming seriously injured. Following the event, co-workers laid the injured person on a stack of sheet rock and called a taxi, while they continued working. Thereafter, the employer attempted to cover up the event by informing the hospital’s staff that he stepped in a pothole, instructing his wife to commit insurance fraud, by denying that injured person worked for the company. The injured party had no prior experience working in construction before taking the job with the subcontractor, and he received no training. Just prior to the event, the individual informed his co-worker (de facto supervisor at the time) that he was afraid to climb the ladder on top of the scaffold, but he was told that he needed to do it, and he could not afford to lose his job. As a result of the fall, the injured individual required: 3 surgeries to his right foot (18-19 screws inserted, most later removed); one surgery to his left foot; and several treatments for his back (lumbar fusion, injections, stimulator).

Our Mission

Attorney Gustavo Alzugaray requested assistance from Total Trial Solutions for services including a Focus Group to gauge jurors’ feelings about his client and the defendant, a Biography to better understand  the extent of damages his client suffered, Medical Illustrations of the plaintiff’s injuries and medical procedures, and a Timeline of medical care  to show at trial. Mr. Alzugaray was also assisted by TTS in the form of Subpoena Tracking, DME attendance,  Verdict Searches, and Lien Resolution.

Incident Location

Hear From the Trial Lawyer

“Total Trial Solutions was with me every step of the way. They provided effective feedback and creative solutions to meet ALL of my mediation & trial needs. Their assistance in virtually every aspect of the case was an essential component in securing this eight-figure settlement”
Gustavo Alzuguray
Trial Attorney

Our Work

Total Trial Solutions worked with Attorney Alzugaray over the course of several years on the case.  Here is a quick summary of the work we performed. 

TTS conducted a Focus Group to gather juror’s thoughts on the plaintiff and the defendant, and for the purpose of collecting clips to show at mediation. 

TTS presented clips to a mock jury taken from the defenses’ EBT. We learned how potential jurors felt towards the defendants’ actions leading up to and immediately following the incident. TTS also filmed the injured party and his wife talking about the injuries sustained in this incident, and how they impact their overall lifestyle and activities. We presented these clips to a Focus Group, which allowed us to develop case themes, determine any bias towards the plaintiff, and uncover any additional information jurors might want to know about the plaintiff and his family. 

Senior Focus Group Moderator. John A. Kiselak conducted a Focus Group in Manhattan, where he presented case facts as well as filmed interviews of the claimants. He took that information and drafted a 21-page report, which  included written responses from mock jurors. 


Client Biography

A professional Biography was completed for this case to showcase damages sustained by the injured party. TTS professional journalist, Sarah Lunham, interviewed the plaintiff, who at the time had a wife and two young children. We collected information on the individual’s background, education, professional career, family, medical history, lifestyle, activities, etc. With this information, we were able to easily identify the changes in his life directly resulting from his injuries. Sarah outlined the physical, emotional, and psychological damages resulting from this incident in a manner that read like a story.

Medical Illustrations

The injured person suffered bi-lateral ankle fractures, in addition to injuries to his lumbar spine. He wore an external fixator before having multiple surgeries to his right ankle and back. Attorney Alzugaray hired TTS to create Medical Illustrations of the plaintiff’s ankle and back injuries, and subsequent medical treatment so that jurors could understand the complexity  of his client’s injuries. 

Other Demonstrative Exhibits

TTS consulted with Attorney Alzugaray and prepared visual exhibits for presentation in the courtroom. 

Our visual strategy team helped prepare and enlarge X-ray and MRI films that were converted to printable formats and enlarged. 


Medical Record Support

The injured party spent a significant amount of time in the hospital following the initial injury. He underwent numerous surgeries and other medical treatments over the course of more than eight years resulting in thousands of of pages of medical records, from more than a dozen providers.

TTS reviewed all of the medical records in this case, organized, and extracted important information for easy reference for the trial attorney. Medical Record Specialists created Chronological Summaries and Timelines of medical treatments.

When it was time to get the certified records to the court prior to the trial, our team delivered subpoenas, scanned records, bates stamped everything, and ensured the records arrived on-time and were complete prior to the trial.   

DME Attendance Reports

The defense counsel hired multiple doctors to examine the plaintiff on their behalf, including an orthopedic spinal surgeon, a neuropsychologist, a vocational rehabilitation specialist, a pain management specialist, and a orthopedic surgeon. Attorney Aluzgaray hired a Client Advocate from TTS to attend the exams and draft up observational reports so that he knew exactly what was asked of his client. The report also gave Mr. Aluzgaray an idea of what occured during any physical exams, as well as any intake forms collected by IME doctors. 


Attorney Aluzgaray hired TTS to conduct Verdict Searches so that he could gauge what his case was worth based on the demographics, as well as an ISO ClaimSearch to uncover prior insurance claims from both the plaintiff and the defendant.  

Lien Resolution

Our Lien Resolution Specialist resolved hundreds of thousands of dollars in medical liens over the course of eight years. 

 The lien resolution team was able to successfully track and resolve all liens in a timely manner to allow for the quick and accurate distribution of funds once they were received. 

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