Note: The following material was originally published in VerdictSearch.com.
SETTLEMENT: $617,000
CASE TYPE: Labor Law. Construction - Slip and Fall, Construction - Scaffolds and Ladders
VENUE: Bronx Supreme, NY. JUDGE: Howard R. Silver. DATE: 03-09-2005
PLAINTIFF'S ATTORNEY: Eric H. Morrison; Morrison & Wagner; New York, NY
DEFENDANT'S ATTORNEY: Christopher J. Whitton; Rende, Ryan & Downes. L.L.P.: White Plains, NY. for Home Assistance Technicians Inc.; James Burbage; Barry, McTiernan & Moore; New York, NY, for Jeffrey M Brown Associates, K&J Construction Company; Michael Brown; Nicoletti Gonson & Spinner LLP; New York, NY, for Atlantic Development Co.
EXPERT: Sheldon Mansuer M.D.; Orthopedics called by: Christopher Whitton, James Burbage, Michael Brown
FACTS: On April 5, 1999, plaintiff, age 31, a mason, was working at a construction site on Hoe Avenue in the Bronx. In the course of the day, the plaintiff performed work that required the use of an 8-foot high scaffold. As the plaintiff was transferring cinder blocks from a forklift onto the scaffold's top platform, he fell to the ground, injuring his ankle.
The plaintiff sued the building's owners, Home Assistance Technicians Inc and Atlantic Development Co; the general contractor, K & J Construction Company; and the building's alleged managing agent, Jeffrey M. Brown Associates the plaintiff claimed that the incident was an elevation-related accident, as defined by Labor Law § 240, and that he was not provided proper safety equipment, as required by the statute.
Seeking indemnification, Atlantic Development and K & J Construction impleaded the plaintiff's employer, Current Contracting, claimed that Current was responsible for providing and constructing the scaffold.
The plaintiff's motion for summary judgment was denied.
INJURY
The plaintiff sustained a chip fracture of the right ankle. After one year of physical therapy, he was diagnosed with a non-union of the medial malleous, treated via open reduction and Internal fixation with the use of a single screw. The plaintiff ambulates with an altered gait and the assistance of a cane.
The plaintiff sought recovery of damages for past and future pain and suffering, as well as past and future lost earnings.
The defendants' expert orthopedist opined that the plaintiff's fracture had healed well and that he was able to return to work. He opined that the plaintiff has no disabilities or limitations.
VERDICT
The plaintiff reached a $617,000 pretrial settlement with Current. The settlement included a reduction in the workers' compensation lien to $53,000.
