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Thomas Quay v. Beltrone Construction Co., Inc. v. Levi Case Co. (Third- party Deft.)

Case Name

Thomas Quay v. Beltrone Construction Co., Inc. v. Levi Case Co. (Third- party Deft.)

Type of Injury

COMMINUTED FRACTURE OF DOMINANT WRIST

Occupation

sheet metal worker

Location

Clinton, NY

Verdict

$286,618 v. Beltrone (6/0).

Verdict Amount

$286,618 v. Beltrone (6/0).

Case Details

X/12-15 CONSTRUCTION ACCIDENT SCAFFOLD LABOR LAW SHEET METAL WORKER INJURED COMMINUTED FRACTURE OF DOMINANT WRIST

Thomas Quay v. Beltrone Construction Co., Inc. v. Levi Case Co. (Third- party Deft.) 88-0533 3-day trial Verdict 6/24/92 Judge Andrew W. Ryan, Jr., Clinton Supreme

VERDICT: $286,618 v. Beltrone (6/0). Breakdown: $75,000 for past pain and suffering; $75,000 for future pain and suffering; $15,744 for past lost earnings; $118,000 for future lost earnings; $2,874 for medical expenses. Summary judgment for Pltf. on liability. Post-trial motions were denied. Jury: all male.

Pltf. Atty: Steven X. Kouray of Kouray & Kouray, Schenectady

Deft. Atty: James L. Pemberton of Pemberton & Briggs, Schenectady, for Beltrone

Richard B. Meyer of Brooks & Meyer, Lake Placid, for Levi

Facts: On 3/2/87, Pltf., a 46-year-old sheet metal worker employed by Third-party Deft. Levi Case Co., was working on a portable scaffold at the science building at the SUNY Technical Center in Rome. The Third-party Deft. was a subcontractor of Deft. Beltrone. The scaffold consisted of three metal beams fastened on one end. Pltf. claimed that while he was installing an air conditioning unit, the scaffold slid sideways, and he fell to the ground. Pltf. brought this suit under Labor Law ? 240(1), contending that Deft. failed to provide him with a safe workplace. Judge Ryan granted summary judgement for Pltf. on liability.

Injuries: comminuted displaced fracture of the right (dominant) wrist with insertion of pins. Pltf. was out of work for 5 months. Pltf.’s expert testified that Pltf. has developed arthritis in the wrist, and he testified that Pltf. may require a future wrist fusion. At the time of trial Pltf. was still employed as a sheet metal worker, but his expert testified that in the future he may have to change to a more sedentary job such as punch press operator or clerical worker. Deft. argued that Pltf. has been working since the accident and there is no reason why he should not be able to continue to do so. Demonstrative evidence: Pltf.’s tools. Specials: $2,874 for medical expenses. Offer: $100,000; demand: $250,000. Jury deliberation: 4? hours. Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; James Lambrinos, Ph.D., economist, Schnectady; Dr. Scott Silver, orth. surg., Utica (by videotape); Dr. Stephen Nicknish, orth. surg., Plattsburgh. There was no expert testimony for Deft.