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$1.5 Million – Garbage Company Pays To Motorcyclist For No Reflectors On Dumpster Near Construction Site

A construction contractor ordered a dumpster for industrial waste during renovations of a Newburgh commercial building, but the garbage company left the dumpster in the public street without cones or warning signs. There were no lights on the road and the dumpster didn’t have any reflectors or markings. The night the dumpster was delivered, our client was on his motorcycle on his way to work at the post office mail sorting plant. He was following a car when, without warning, the car swerved to avoid the dumpster. The motorcyclist also swerved to the left, but his right ankle clipped a metal piece sticking out of the base of the dumpster. Our client suffered a significant broken leg that required two surgeries to repair. Fortunately, he was ultimately able to return to his job at the post office. We sued the garbage company for leaving an unmarked dumpster on an unlit public road. The simple truth is this would never have happened if the dumpster was left on the private property next to the construction site. Ultimately the insurance company agreed to settle for $1,500,000. The case was handled by partners Andrew Finkelstein and Elyssa Fried.