On 2/26/07 a $500,000 pre-trial settlement was reached after Plaintiff obtained partial summary judgment on liability under Labor Law §240(1), where Plaintiff, a 59-year-old laborer, while helping to dismantle a rooftop water tower was struck and knocked down by one of its falling metal bands. He sustained a partial tear of right rotator cuff necessitating surgery, multiple cervical herniated discs, and a concussion with post-concussion syndrome and memory disturbances.