Jaroslaw and Maglorzata Czekaj v. Irene Rodgers and Rita Piscopo v. 318 West 51st St. Hotel Corp. 4304/96

Jaroslaw and Maglorzata Czekaj v. Irene Rodgers and Rita Piscopo v. 318 West 51st St. Hotel Corp. 4304/96

FRACTURED TIBIA AND FIBULA

laborer

Kings, NY

This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000.

$This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000.

XVI/19-43 LABOR LAW FALL FROM DEFECTIVE LADDER FRACTURED TIBIA AND FIBULA

SETTLEMENT: Jaroslaw and Maglorzata Czekaj v. Irene Rodgers and Rita Piscopo v. 318 West 51st St. Hotel Corp. 4304/96 Date of Settlement 9/17/98 Kings Supreme

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

This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000. On 11/16/95, Pltf., a 40-year-old laborer, fell from a defective ladder while attempting to install a sheetrock ceiling at the Washington Jefferson Hotel on West 51st St. in Manhattan.

Injuries: pylon fracture of the right tibia and fibula, requiring an external fixator, which was worn for 3 months. Pltf. has not returned to work. He has, however, completed over 100 college credits. Pltf.’s medical expert would have testified that Pltf. will require an ankle fusion in the future. Deft.’s medical expert would have disputed the need for fusion surgery, and would have argued that Pltf. is only mildly disabled and is capable of working. Settlement apportionment: $500,000 paid by Rodgers and Piscopo; $250,000, plus waiver of Workers’ Compensation lien, paid by Third-party Deft. Carriers: U.S. Liability for Rodgers and Piscopo; State Insurance Fund for Third-party Deft.

Pltf. Expert: Pltf. would have called Dr. Jonathan Korn, orth. surg., Manhattan.

Deft. Experts: Deft. would have called Dr. Murray Burton, orth. surg., Manhattan; Edmond Provder, vocational rehabilitation, Manhattan.