Robert Ryan v. Cedar Grove Cemetery Association; and Gasoline Installations, Inc. v. Malbro, Inc.
Type of Injury
This action settled for $2,800,000.
XVII/25-47 LABOR LAW EXCAVATION SITE CAVES IN MULTIPLE FRACTURES TRANSECTED URETHRA RETROPERITONEAL HEMATOMA
SETTLEMENT: Robert Ryan v. Cedar Grove Cemetery Association; and Gasoline Installations, Inc. v. Malbro, Inc. 7534/95 Date of Settlement 10/28/99 Queens Supreme
Pltf. Atty: Walter Beck of Beck & Iannuzzi, Brooklyn
This action settled for $2,800,000. At 12 PM on 3/1/94, Pltf., age 46 at the time of trial, was employed as a laborer by Third-party Deft. and was working at the Cedar Grove Cemetery on 63rd Rd. in Queens. Deft. Gasoline Installations was the general contractor for the job. Pltf. was standing in an approximately 12-foot-deep excavation and was installing underground gasoline tanks when the sides of the excavation caved in and crushed him.
Pltf. claimed that Defts. Cedar Grove (the owner of the cemetery) and Gasoline Installations were statutorily liable pursuant to Labor Law ?241( 6) and Rule 23-4 of the Industrial Code, which require that an excavation in excess of 3 feet in depth be shored and sheeted to prevent cave-ins.
Pltf. was granted summary judgment against Defts. Although summary judgment against Third-party Deft. was never granted by the Court, it was conceded that since Third-party Deft. was in total control of the job, liability would be passed through to Deft. Malbro.
Injuries: fractured pelvis and lower left leg; transected urethra; retroperitoneal hematoma with traumatic erectile dysfunction. Pltf. claimed that as a result of his injuries, he is incapable of gainful employment. A projected $750,000 in lost earnings (present value) was included in the settlement amount. Carrier: Hanover.
Pltf. Experts: Dr. Edmond Provder, vocational rehabilitation, Manhattan; Seymour Barcun, Ph.D., economist, Metuchen, New Jersey; Domingo Isasi, P.E., engineer, Norwalk, Connecticut; John Garretto, engineer, Rockville Centre.
Deft. Expert: Howard Edelson, safety, Plainview.