Steven and Barbara Manning v. British American Development and Kenneally Construction Corp.

Steven and Barbara Manning v. British American Development and Kenneally Construction Corp.

FOOT INJURY

construction carpenter

Schenectady, NY

$414,120. Breakdown: $60,000 for past pain and suffering ; $180,000 for future pain and suffering; $1,620 for past medical expenses ; $7,500 for future medical expenses; $20,000 for past lost earnings?

$414,120.00

VII/24-32 CONSTRUCTION ACCIDENT – SCAFFOLD COLLAPSE – FOOT INJURY

Steven and Barbara Manning v. British American Development and Kenneally Construction Corp. 84-4269 Verdict 8/10/89 Judge Robert F. Doran, Schenectady Supreme

VERDICT: $414,120. Breakdown: $60,000 for past pain and suffering ; $180,000 for future pain and suffering; $1,620 for past medical expenses ; $7,500 for future medical expenses; $20,000 for past lost earnings; $85, 000 for future lost earnings; $60,000 for Barbara M. for loss of services.

Pltf. Atty: Michael E. Mine of Powers & Santola, Albany

Deft. Atty: Sol Aronson for Francis E. Lehner, Albany, for British American

John T. Maloney of Carter, Conboy, Bardwell, Case & Blackmore, Albany, for Kenneally

Robert M. Auld for Stephen R. Spring, Albany, for Raymond Rudat

Facts: Pltf., a 32-year-old construction carpenter, was standing on a ladder jack scaffold when it collapsed, causing him to fall to the ground. The jury found that Third-party Deft. was negligent in the erection of the scaffold but that its negligence was not the proximate cause of the accident. Pltf.’s motion for summary judgment was granted. On Deft.’s post-trial motions, the trial judge directed judgment over against Pltf.’s employer notwithstanding the jury’s determination on the grounds that there was no other rational explanation for the scaffold’s collapse, according to the proof. Injuries: fracture of the left os calcis. Pltf.’s treating orthopedic surgeon testified that Pltf. was left with a loss of inversion of the left foot and traumatic arthritis in the subtalar joint. He also testified that Pltf. was totally disabled from any work for 1 year after the accident and that he was permanently disabled from performing work as a construction carpenter. Against his doctor’s advice, Pltf. went back to work as a construction carpenter less than 6 months after the accident and was working full time within 1 year. He testified that he tolerated the pain and went back to work because he could not support his family. At the time of the accident, he was earning $ 15,000 per year. At the time of trial, he was earning $30,000 per year. Pltf.’s vocational rehabilitation expert testified that a disabled worker earns 10% less than a non-disabled worker. He contended that Pltf. could have earned $33,000 per year if he had not been injured and that his lost income, therefore, is $3,000 per year. Offer: $150,000; demand: $500,000. Pltf. Experts: Dr. James Slavin, treating orth. surg., Troy; Edmond Provder, vocational rehabilitation, Manhattan. Deft. Experts: Richard Pikul, engineer, Schenectady; Dr. Paul M. Clark, orth. surg., Albany.