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Peter DeGregorio v. Andron Construction Corp.

Case Name

Peter DeGregorio v. Andron Construction Corp.

Type of Injury

FRACTURE OF LUMBAR

Occupation

mason's apprentice

Location

Dutchess, NY

Verdict

$454,000 (6/0). Breakdown: $75,000 for past pain and suffering; $100,000 for past lost earnings; $26,000 for past medical expenses; $75,000 for future pain and suffering; $175,000 for future lost earnings?

Verdict Amount

$454,000.00

Case Details

XII/40-18 CONSTRUCTION ACCIDENT LABOR LAW MASON STRUCK BY PIECE OF FENCE FRACTURE OF LUMBAR TRANSVERSE PROCESS

Peter DeGregorio v. Andron Construction Corp. 536/90 7-day trial Verdict 3/21/95 Judge George G. Bernhard, Dutchess Supreme

VERDICT: $454,000 (6/0). Breakdown: $75,000 for past pain and suffering; $100,000 for past lost earnings; $26,000 for past medical expenses; $75,000 for future pain and suffering; $175,000 for future lost earnings; $3,000 for future medical expenses. Post-trial motions were denied. Jury: 2 male, 4 female.

Pltf. Atty: Steven H. Cohen of Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh

Deft. Atty: Gerald J. Molnar of Hugh A. Scott, New Windsor

Facts: Pltf., a 19-year-old mason’s apprentice, claimed that he was injured on 8/4/87 when he was struck with a piece of chain link fence that Deft.’s employees were carrying at a construction site in White Plains. Pltf. testified that the accident occurred while he was on his hands and knees laying forms around a lamp post. An assistant manager at the construction site testified that he filled out an accident form in which he stated that Deft.’s employees admitted that they were carrying fencing material, but claimed that Pltf. was hit by a piece that broke off . Deft. contended that it did not have notice of a defect in the fence material and that it should not, therefore, be held liable. It also claimed that the fence fell on Pltf. after it was erected by other workers.

Injuries: fractured transverse process at L-3. Pltf.’s neurosurgeon testified that he has a mechanical instability of the back. Pltf.’s rehabilitation expert testified that Pltf. could not return to heavy labor, but is capable of performing light-duty tasks. Deft.’s orthopedic expert testified that there was nothing wrong with Pltf.’s back and that he could return to work. Deft.’s rehabilitation expert disagreed, but did find that Pltf. could reach his previous salary level in a number of jobs. Demonstrative evidence: union pay scale charts; model of disc; diagrams of disc and back; economic graphs. No offer; demand: $750,000; amount asked of jury: $1,800,000. Jury deliberation: 4? hours. Carrier: Aetna. Pltf. Experts: John Guilfoyle, Ph.D., economist, New York University, Manhattan; Dr. Edmond Provder, vocational rehabilitation, Manhattan; Dr. Sheldon Katz, neurosurgeon, Monsey; Dr. Salvatore Frustace, pain management, Newburgh. Deft. Experts: Dr. Sheldon Manspeizer, orth. surg., White Plains; William Book, vocational rehabilitation, Albany.