Stephen and Lynne Martinsen v. County of Nassau

Stephen and Lynne Martinsen v. County of Nassau

MULTIPLE FRACTURES

steamfitter for Trainer & Hansen

Nassau, NY

This action settled just prior to jury selection for a total of $887, 500, plus the waiver of a $150,000 Workers’ Compensation lien.

$887,500.00

XVII/5-50 LABOR LAW LADDER ACCIDENT MULTIPLE FRACTURES

SETTLEMENT: Stephen and Lynne Martinsen v. County of Nassau 010918/93 Date of Settlement 5/25/99 Nassau Supreme

Pltf. Atty: Michael S. Levine of Gandin, Schotsky, Rappaport, Glass & Greene, L.L.P., Melville

This action settled just prior to jury selection for a total of $887, 500, plus the waiver of a $150,000 Workers’ Compensation lien. The accident occurred at 8:30 AM on 10/27/92, in the offices of the Nassau County Department of Welfare in Mineola. Pltf., age 43 at the time, was employed as a steamfitter by Trainer & Hansen, a company that was hired by the County of Nassau to install new boilers in the basement of the Mineola offices. Pltf. was attempting to rig a block and tackle for the purpose of lifting a boiler from a concrete pad when the ladder that he was climbing on slipped out from under him. Pltf. fell approximately 8 feet to the floor below.

Pltf.’s motion for summary judgment pursuant to Labor Law ?240(1) was denied. However, on appeal, the Appellate Division, Second Department reversed, and held that a ladder that is not braced or secured in any way is a prima facie violation of the ?240(1) law (Martinsen v. County of Nassau, 671 N.Y.S.2d 355, 2nd Dept. 1998).

Injuries: comminuted intra-articular fracture of the right tibial plateau with depressed posterior fragments, requiring open reduction and internal fixation; fracture dislocation of the right first metacarpal. Pltf. claimed that he was left permanently disabled and has been unable to return to work. At the time of the accident, Pltf. was earning an annual income of approximately $70,000. Offer: $600,000; demand: $1,000,000. Specials: $35,000 for medical expenses; $115,000 for past lost earnings. Carrier: CNA.

Pltf. Experts: Pltf. would have called Dr. John Killian, orth. surg., Mineola; Alan Leiken, Ph.D., economist, East Setauket; Edmond Provder, vocational rehabilitation, Manhattan.

Deft. Expert: Deft. would have called Dr. Peter Langan, orth. surg., Mineola.