Kevin Devlin v. Sony Corp. of America, Rathe Productions Incorporated v. Nastasi White, Inc. / Structure Tone, Inc. v. Coyne Electrical Construction Co., Inc. v. Empire Iron Works, Inc.

Kevin Devlin v. Sony Corp. of America, Rathe Productions Incorporated v. Nastasi White, Inc. / Structure Tone, Inc. v. Coyne Electrical Construction Co., Inc. v. Empire Iron Works, Inc.

HERNIATED LUMBAR AND CERVICAL DISCS

apprentice electrician

New York, NY

This action settled during jury selection for $2,900,000, plus a waiver of a $300,000 Workers Compensation lien

$2,900,000.00

XV/31-43 LABOR LAW ELECTRICIAN FALLS FROM LADDER HERNIATED LUMBAR AND CERVICAL DISCS

SETTLEMENT: Kevin Devlin v. Sony Corp. of America, Rathe Productions Incorporated v. Nastasi White, Inc. / Structure Tone, Inc. v. Coyne Electrical Construction Co., Inc. v. Empire Iron Works, Inc. 122980/94 Date of Settlement 6/18/97 New York Supreme

Pltf. Atty: Kevin B. McAndrew of McAndrew, Conboy & Prisco, Woodbury

This action settled during jury selection for $2,900,000, plus a waiver of a $300,000 Workers Compensation lien. On 12/20/93, Pltf., a 25- year-old apprentice electrician, fell approximately 6 feet from a ladder while running electric conduit at a worksite on Madison Ave. in Manhattan. The ladder was on plywood that was covering a stairwell opening. Pltf. contended that the plywood was loose and unsecured and that when a co- worker walked on the plywood, it bounced, shook Pltf. and the ladder, and caused him to fall. Pltf. was granted summary judgement for Deft. s violation of Labor Law ?240. The Appellate Division affirmed the decision ( Devlin v. Sony, et al, ___ A.D.2d ___, 655 N.Y.S.2d 762).

Injuries: herniated lumbar and cervical discs. Pltf. underwent two lumbar laminectomies and a lumbar fusion as well as a cervical laminectomy. Pltf. claimed that he had permanent restriction of motion in the back and neck and nerve damage causing a partial drop foot. Demonstrative evidence: X-rays; MRIs; photos of Pltf.; video of Pltf. after surgery.

Pltf. Experts: Pltf. would have called Dr. Reuben Hoppenstein, neurosurgeon, Manhattan; Anna Dutka, economist, Manhattan.

Deft. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Dr. Jonathan Korn, orth. surg., Manhattan; Dr. Jerome Block, neurosurgeon, Manhattan; Dr. Walter Delph, urologist, Manhattan.