A 61 year old construction worker was performing an elevator overhaul on the 4th floor of a commercial building in Brooklyn, NY. He was standing upon a steel grated floor in an elevator control room when the floor suddenly collapsed and he fell into an open shaft way and died. We argued that the accident was foreseeable and preventable if a safe and secure work site was provided as required by New York State’s Labor Law. The defendants argued the Labor Law did not apply as the floor was a permanent structure and our client was the sole proximate cause of the collapse. They contended that he allowed work to be performed upon an unstable floor and failed to wear a safety harness. It was also asserted that there was minimal conscious pain and suffering due to the severity of the fall and resultant brain damage. After numerous depositions, during a mediation session, while summary judgment motions were pending and the matter was awaiting trial, the case settled.