Henryk Rozbicki v. The Metropolitan Museum of Art, Lehrer McGovern, Bovis Construction v. Casalino Demolition Corp.

/ / Case Verdicts

Case Name

Henryk Rozbicki v. The Metropolitan Museum of Art, Lehrer McGovern, Bovis Construction v. Casalino Demolition Corp.

Type of Injury

HERNIATED LUMBAR DISCS AND VERTEBRAL FRACTURE

Occupation

demolition worker

Location

New York, NY

Verdict

This Labor Law action settled for a structured settlement with a present value of $1,300,000 and a future payout of $2,490,000.

Verdict Amount

$2,490,000.00

Case Details

XV/31-44 SCAFFOLD ACCIDENT LABOR LAW HERNIATED LUMBAR DISCS AND VERTEBRAL FRACTURE

SETTLEMENT: Henryk Rozbicki v. The Metropolitan Museum of Art, Lehrer McGovern, Bovis Construction v. Casalino Demolition Corp. 106894/94 Date of Settlement 9/30/97 New York Supreme

Pltf. Atty: Robert R. MacDonnell of Samuel J. Lurie, Manhattan

This Labor Law action settled for a structured settlement with a present value of $1,300,000 and a future payout of $2,490,000. Pltf., a 39-year-old demolition worker, claimed that on 12/9/93, he fell from a scaffold while working at Deft. museum. Pltf. claimed that the scaffold was unsafe and not equipped with safety belts. The court found that Deft. violated Labor Law ?240 and granted Pltf. summary judgment on liability on 9/6/96.

Injuries: fractured vertebra at L1; herniated discs at L3-4, L4-5, L5- S1; fractured fourth metacarpal of left (non-dominant) hand with open reduction and insertion of a plate and three screws. Pltf. had not returned to work at the time of trial. Defts. claimed that Pltf. s herniated discs were degenerative and not related to the accident. Specials: $80,000 for Workers Compensation lien. Carriers: Providence Washington; SIF; Travelers.

Pltf. Experts: Dr. Jonathan Korn, orth. surg., Manhattan; Edmond Provder, vocational rehabilitation, Manhattan; Conrad Berenson, Ph.D., economist, Woodbury; Dr. Marc Kaisman, anesthesiologist, Manhattan.

Deft. Experts: Dr. Jerome Block, neurologist, Manhattan; Dr. Peter Godsick, orth. surg., Manhattan.