Attorneys Secure $44 Million Settlement for Worker Crushed By Chute

By Robert Florida

River Edge – In a landmark victory for personal injury victims, trial attorneys for Brandon J. Broderick, Attorney-at-Law, secured a settlement package of $44 million on behalf of a worker who suffered a severe traumatic brain injury after a debris chute collapsed on him at a construction site, crushing him and leaving him unable to breathe for nearly 20 minutes.

The resolution of the case came only after the multiple defendants involved faced the Broderick firm’s attorneys’ formidable presentation of the plaintiff's case during the trial’s early stages.

On February 23, 2018, Arian Hila was inside a large dumpster doing demolition work at the German Masonic Home in Tappan, New York. He was trying to clear a blockage from the three-story-high debris chute when it dislodged from the building and crushed him. Orangetown police officers, Tappan firefighters, Rockland paramedics, and South Orangetown ambulance workers entered the dumpster and freed Hila, who was taken to Nyack Hospital. The collapse caused Hila, then 48, of Dumont, to suffer multiple serious injuries including traumatic brain injury.

After the first week of a jury trial in the Supreme Court of Rockland County, New York, lawyers for Superchute, the Canadian company that manufactured the chute, and other defendants involved in the case, agreed to the $44 million settlement package. The three Broderick Law Firm trial attorneys who represented Hila – Paul Romano, Ray Carroll, and Christopher Karounos – said that due to its failure to provide warning instructions to Hila and others about how to clear blockages in the chute, Superchute agreed to an eight-figure cash payout as part of the full-settlement package.

“This settlement is a testament to the resilience and courage of Mr. Hila and his family,” said Karounos. “It also highlights the importance of holding responsible parties accountable for their actions. We at the Broderick Law Firm are committed to ensuring that our clients receive the best possible care, fair compensation for injuries caused by others, and that justice is ultimately served.”

The settlement includes compensation for Hila’s past medical expenses, future healthcare costs, past and future lost wages, and cash payments for his pain, suffering, disability, impairment, and loss of enjoyment of life, Mr. Romano said. The settlement package will ensure Mr. Hila receives the highest quality of care possible for the rest of his life, while underscoring the Broderick Law Firm’s commitment to fighting for those who suffer catastrophic injuries due to others’ negligence, added Mr. Carroll.

The chute collapse led to a harrowing ordeal for Hila. In the moments after the collapse, he called his brother, telling him, “I’m trapped. Tell Mom I love her. I’m dying,” after which he passed out. Those were the last words the brothers spoke; Hila, who was trapped between the debris-laden chute and the steel dumpster, suffered severe brain damage and lost his ability to speak.

During the first seven days of trial, the three Broderick attorneys proved that Superchute’s debris chute had no warning instructions or images about how to clear blockages. Hila, as well as his boss and a co-worker, had cleared a blockage earlier on the same day of the chute collapse. The attorneys demonstrated that, due to Superchute’s failure to supply blockage-clearing instructions on the chute, Hila and his co-worker were in the dumpster trying to clear the second blockage when the chute collapsed upon him, leaving him crushed and unable to breath.

The Broderick Law Firm team explained to the jury that, during the discovery phase of the case, Superchute’s owner and experts admitted that chute blockages are the most common failures that occur in their chutes. They also admitted that instructions regarding procedures to unclog blockages were not printed on the chute itself, either in words or images. Rather, their defense was that workers and others could simply go online and review a manual or call an 800 number if they had questions when a blockage occurred.

The attorneys from the Broderick Law Firm argued how Superchute had a history of being more interested in profits over people’s safety, having previously added a fire warning to its chutes while intentionally leaving out warnings on how to clear a blockage. It added the fire warning nearly 20 years ago after learning about another manufacturer’s chute catching fire and causing $22 million in property damage.

Now, more than six years after the 2018 chute collapse, Hila still requires constant care and monitoring, which will continue for the rest of his life. He underwent a tracheostomy and cannot eat, drink, speak, move effectively, or conduct any life-sustaining functions on his own. At the time of the incident, Hila was living with his brother, sister-in-law, two nephews, and his mother. Since the date the chute failed and he was nearly crushed to death Hila has lived in a hospital or an extended-care facility.

“Our client’s life was irreparably changed due to the severe brain injury he sustained. The defendants refused any reasonable settlement discussions for over six years, and only began discussions after they faced days of jury selection, Mr. Karounos’ opening statement, and Mr. Carroll presenting the first witness,” said Brandon J. Broderick, founder and CEO of the Firm.

“The settlement occurred when the jury was about to hear Mr. Romano’s questioning of the plaintiffs’ chief liability expert, a retired Air Force Lieutenant Colonel with decades of engineering experience,” added Mr. Broderick. “We will always fight for our clients’ rights and protect them from those who refuse to take responsibility for their negligence, particularly those that wait until the Broderick Law Firm begins the trial against them.”

Brandon J. Broderick, Attorney at Law, founded in 2012, is devoted to helping injured individuals move forward after sustaining injuries caused by another’s negligence. Our attorneys believe no one should have to pay for the injuries brought on by another, and we fight tirelessly to right the wrongs that have been done to our clients. Our vision is to champion the full potential of every human, everywhere, by ensuring that everyone has a legal advocate with a human-centered approach to protect their best interests.