Orlando Fresse v. City of New York v. Volmar Construction
Type of Injury
FRACTURED TIBIA AND FIBULA
This case settled before trial for a partially structured settlement of $1,500,000, plus the waiver of a $140,000 Workers Compensation lien.
XVII/19-38 LABOR LAW ROOFER FALLS AFTER STEPPING ON UNSUPPORTED EDGE OF ROOF AT SCHOOL SUMMARY JUDGMENT AGAINST CITY FRACTURED TIBIA AND FIBULA
SETTLEMENT: Orlando Fresse v. City of New York v. Volmar Construction 24027/95 Date of Settlement 9/13/99 Kings Supreme
Pltf. Atty: Joel P. Iannuzzi of Beck & Iannuzzi, Brooklyn
This case settled before trial for a partially structured settlement of $1,500,000, plus the waiver of a $140,000 Workers Compensation lien. Pltf., then a 41-year-old roofing mechanic employed by Third-party Deft. Volmar Construction, claimed that on 3/7/95 he was injured while working at Prospect High School, located in Brooklyn. Pltf. claimed that he fell from one level of the school roof to another when he stepped on a piece of tar paper on the edge of the roof, which was not supported. Pltf. contended that he was not provided with any harness or other safety equipment, in violation of Labor Law ?240(1). Pltf. s motion for summary judgment, which was denied, was reversed on appeal by the 2nd Dept. (see, Fresse v. City of New York, 238 A.D.2d 374, 657 N.Y.S.2d 330), granting Pltf. summary judgment against the City. Although the City never cross- moved for indemnity against Volmar, it was understood by all parties that Volmar would ultimately assume full liability.
Injuries: comminuted intra-articular fracture of the right tibia, fibula, and medial malleolus. Pltf. underwent open reduction and internal fixation surgery of the ankle joint. He subsequently underwent ankle fusion surgery. Specials: approximately $40,000 per year for lost earnings. Structured settlement details: $200,000 cash and the remainder structured at $2,544 per month for life (with a 5% annual inflation rider) and 20 years, plus a $10,000 payment on 11/15/200, a $12,000 payment on 11/15/2009, and a $17,500 payment on 11/15/2014. Carrier: AIG for Third- party Deft. Volmar Construction.
Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Seymour Barcun, Ph.D., economist, Metuchen, N.J.; Dr. Philip Taylor, orth. surg., Brooklyn.