Andrew and Cynthia Williams v. Parkway Associates, Michael Parisi & Sons Construction, and Williams & Sons Erectors

Andrew and Cynthia Williams v. Parkway Associates, Michael Parisi & Sons Construction, and Williams & Sons Erectors

Andrew and Cynthia Williams v. Parkway Associates, Michael Parisi & Sons Construction, and Williams & Sons Erectors

ironworker

NY

$77,700

$77,700.00

XIV/30-9 CONSTRUCTION ACCIDENT LABOR LAW LABORER FALLS FROM HEIGHT FRACTURED ELBOW AND HERNIATED DISC SURVEILLANCE FILM

Andrew and Cynthia Williams v. Parkway Associates, Michael Parisi & Sons Construction, and Williams & Sons Erectors 14083/92 12-day trial Verdict 12/2/96 Judge W. Bromley Hall, Suffolk Supreme

VERDICT: $77,700. Breakdown: $25,000 for past pain and suffering for elbow injury; $4,200 for past pain and suffering for neck injury; $25,000 for past pain and suffering for lower back injury; $6,200 for future pain and suffering; $8,300 for future lost earnings; $9,000 for future medical expenses. Pltf. was granted summary judgment on liability. Jury: 2 male, 4 female.

Pltf. Atty: Edward J. Donlon of Congdon, Flaherty, O Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City

Deft. Atty: Joseph F. Garcia of Garcia & Stallone, Melville, for Parkway Assoc. and Parisi & Sons

Roderick Coyne of Bivona & Cohen, Manhattan, for Williams & Sons

Facts: Pltf., a 26-year-old ironworker employed by Deft. Williams & Sons, testified that on 3/4/88 he was injured when he fell from a structural apparatus at a construction site at the Islandia Office Building in Islandia. Pltf. brought this claim under Labor Law ?240. He was granted summary judgment on liability and this trial was on damages only.

Injuries: herniated disc at L4-5; fractured right (dominant) elbow; soft tissue neck injury. The radial head was surgically removed. Pltf. was out of work for 1 month. He then worked until June 1995 and has been out of work since that time, due to his injuries. Pltf. claimed that he has back pain and loss of range of motion. Pltf. s orthopedist testified that he will require surgical fusion at L4-5. Deft. argued that Pltf. no longer suffers from his injuries. Deft. produced a surveillance film of Pltf. working around his house.

Demonstrative evidence: X-rays; surveillance film. Offer: $150, 000; demand: approximately $450,000. Jury deliberation: 1 day. Carriers: Liberty Mutual for Parkway Assoc. and Parisi & Sons; State Insurance Fund for Williams & Sons. Pltf. Experts: Dr. Peter Warwick Green, orth. surg., E. Northport; Dr. Jean Jacques Abitbol, orth. surg., Commack; Conrad Berenson, Ph.D., economist, Woodbury; Dr. David Bagshaw, chiropractor, Commack; Edmond Provder, vocational rehabilitation, Manhattan. Deft. Expert: Dr. A. Burton White, orth. surg., Great Neck.