Mark Lopez v. KMA Builders Corp. v. T&E Nielson Assoc.

Mark Lopez v. KMA Builders Corp. v. T&E Nielson Assoc.

Case Name

Mark Lopez v. KMA Builders Corp. v. T&E Nielson Assoc.

Type of Injury

AMPUTATION OF TIP OF ONE FINGER

Occupation

carpenter

Location

Suffolk, NY

Verdict

Liability: Nielson 70%; KMA 30% negligent (6/0). Pltf. and Defts. had previously agreed to a $150,000 settlement, and the trial was held to determine the apportionment of liability between Deft. and Third-party Deft

Verdict Amount

$150,000.00

Case Details

XVII/5-24 LABOR LAW FALL FROM RAMP AMPUTATION OF TIP OF ONE FINGER

Mark Lopez v. KMA Builders Corp. v. T&E Nielson Assoc. 445/95 2-day trial Verdict 5/26/99 Suffolk Supreme

Judge: Howard Berler

Verdict: Liability: Nielson 70%; KMA 30% negligent (6/0). Pltf. and Defts. had previously agreed to a $150,000 settlement, and the trial was held to determine the apportionment of liability between Deft. and Third-party Deft. Jury: 4 male, 2 female.

Pltf. Atty: John L. Buonora of Gallo & Buonora, Commack

Deft. Atty: David Fowler of McCabe, Collins, McGeough & Fowler, Mineola

Robert M. Bridges of Jacobson & Schwartz, Rockville Centre

Facts: Pltf., a 21-year-old carpenter, was injured on 3/3/93 while working at a site for the construction of a new home in Southampton. Pltf. claimed that he was carrying a piece of lumber that was 2×10 inches wide and 20 feet long up a ramp when he slipped on mud and fell several feet. He testified that he grabbed the foundation wall and that the piece of lumber came down on his finger. Pltf. contended that Deft. violated Labor Law ??240 and 241. Defts. conceded liability, and agreed to a settlement of $150,000. The trial was held to determine the apportionment of liability between Deft., the general contractor, and Third-party Deft., the subcontractor.

Injuries: (not before the jury $150,000 settlement) partial amputation of the distal phalanx of the middle finger of the left ( nondominant) hand. Pltf. underwent several revision surgeries. He would have claimed a 40% loss of use of his hand and 100% loss of use of the finger. He would have contended that he is no longer able to grip or hold heavy objects. He never returned to work. Jury deliberation: approximately 1 hour. Carriers: Worchester for Nielson; Providence Washington Group for KMA.

Pltf. Experts: Pltf. would have called Benjamin Gastel, vocational rehabilitation, Port Washington; Dr. Hilton Adler, plastic surgeon, Stony Brook.

Deft. Experts: Deft. would have called Edmond Provder, vocational rehabilitation, Manhattan; Dr. Jerry Ellstein, hand surgeon, Huntington.

Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.

RECENT POSTS

Importance of a Vocational Expert in TDIU Cases
June 2, 2025
Learn how oasinc vocational experts play a crucial role in TDIU cases and how their testimony can strengthen disability claims for veterans seeking benefits
When and Why to Call a Vocational Expert for Evaluations - Oasinc
May 19, 2025
Exploring what vocational evaluations are, how a vocational expert helps, and when is the right time to call oasinc vocation expert for evaluations. Learn More!
The Role of Vocational Experts in SSD Hearings - Oasinc
May 5, 2025
Learn how the role of a vocational experts enhances your SSD hearing and impact disability benefits. Learn how Oasinc Vocational Assessment Helpful in SSD Cases
What is the Role of the Vocational Expert? - OAS
April 21, 2025
What is the Role of the Vocational Expert? Explore what a Vocational Expert does, why they matter, and how Oasinc Vocational Expert services can help.
Why Are Vocational Experts Necessary in Personal Injury Cases?
April 7, 2025
Vocational Experts in Personal Injury Cases as they assess how an injury affects a person's ability to work and determine the impact on earning capacity.

CONTACT US