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Joseph and Shelly Dawson v. Pavarini Construction Co. and Islandia Center Assoc.

Case Name

Joseph and Shelly Dawson v. Pavarini Construction Co. and Islandia Center Assoc.

Type of Injury

FRACTURED WRIST AND PELVIS; HERNIATED AND BULGING DISCS

Occupation

iron worker

Location

NY

Verdict

$3,912,329 for Joseph D. (6/0).

Verdict Amount

$3,912,329.00

Case Details

XIV/14-1 SCAFFOLD ACCIDENT LABOR LAW IRONWORKER FALLS 20 FEET FRACTURED WRIST AND PELVIS; HERNIATED AND BULGING DISCS DAMAGES TRIAL

Joseph and Shelly Dawson v. Pavarini Construction Co. and Islandia Center Assoc. 477/92 7-day trial Verdict 9/18/96 Judge Howard Berler, Suffolk Supreme

VERDICT: $3,912,329 for Joseph D. (6/0). Breakdown: $400,000 for past pain and suffering; $600,000 for future pain and suffering; $313,500 for past loss of earnings; $2,598,829 for future lost earnings (22 years).

$100,000 for Shelly D. for loss of services. Breakdown: $11,000 for past loss of services; $89,000 for future loss of services. Post-trial motions were denied. Jury: 4 male, 2 female.

Note: Pltf. was granted summary judgment under Labor Law ? 240 in December 1994, which was appealed and affirmed. Dawson v. Pavarini Construction Co., et al., 644 N.Y.S.2d 285 (A.D.2 Dept. 1996). Deft. Islandia was granted summary judgment against Third-party Defts.

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

Deft. Atty: Alan I. Korn for Steven L. Sidney, Woodbury, for Pavarini Construction

Edward G. Lukoski of Ahmuty, Demers & McManus, Albertson, for Islandia Center Assoc.

Facts: Pltf., a 30-year-old iron worker, claimed that he was injured on 2/19/91 while working at a construction site at Computer Associate s world headquarters in Islandia. Deft. Pavarini Construction was the general contractor and Deft. Islandia Center Assoc. owned the property on which the building was being constructed. Pltf. claimed that he was working on a canopy, which consisted of ornamental metal, when he fell 20-30 feet, causing his injuries. Pltf. was granted summary judgment against both Defts. in December 1994, which was appealed and affirmed. Dawson v. Pavarini Construction Co., et al., 644 N.Y.S.2d 285 (A.D.2 Dept. 1996). This trial was on damages only.

Injuries: fractured right (dominant) wrist requiring fusion surgery; fractured pelvis; herniated discs at L5-S1; bulging discs at C2-3 through C6-7, with extruded disc material at C3-4. Pltf. has not returned to work since the accident, and claims that he is unable to return to work. Deft. argued that Pltf. s wrist fracture and the pelvis fracture have healed perfectly. Pltf. contended that the pelvis fracture still causes him pain, and testified that he wears an S-1 Belt for back support. Demonstrative evidence: medical models of the spine; X-rays of pelvis; enlargements of hospital records. No offer; demand: $4,200,000; amount asked of jury: $20, 000,000. Jury deliberation: 4 hours. Carrier: CIGNA. Pltf. Experts: Dr. Isaac Cohen, treating orth. surg., Rockville Centre; Dr. Steven Green, hand surgeon, Manhattan; Edmond Provder, vocational rehabilitation, Manhattan; Dr. Veronica Gasko, chiropractor, West Islip; Conrad Berenson, Ph.D., economist, Woodbury. Deft. Expert: Dr. David Leivy, neurosurgeon, Huntington.