Troy Fairbanks v. RJ Realty v. Kuno Steel Products Corp.
Type of Injury
MULTIPLE INJURIES TO IRONWORKER
$750,000 settlement, plus a waiver of a Workers’ Compensation lien of about $60,000
VII/42-36 CONSTRUCTION ACCIDENT – SUMMARY JUDGEMENT ON LIABILITY – MULTIPLE INJURIES TO IRONWORKER
SETTLEMENT: Troy Fairbanks v. RJ Realty v. Kuno Steel Products Corp. 24280/81 Date of Settlement 4/9/90 Nassau Supreme
Pltf. Atty: Martin Block of Sanders, Sanders & Block, Mineola
This $750,000 settlement, plus a waiver of a Workers’ Compensation lien of about $60,000, was for an ironworker who was injured at a construction site at 400 Old Country Rd. in Hicksville on 9/5/86. The 24- year-old Pltf. was working on an elevated beam, part of a roof structure that was being lifted by a crane, when a cable being used to lift the roof snapped and struck him. Pltf. fell about 15 feet to the concrete floor. It was not clear whether he fell because he was struck by the cable or whether the roof itself collapsed. Pltf. argued that Deft. was negligent under Labor Law ? 240(1). Summary judgment was granted on this issue before the action settled. At issue during trial was the extent of Pltf. ‘s disability and the amount of his future lost earnings.
Injuries: fracture of the right calcaneus; radial tear of the left lateral meniscus and tear of the medial collateral ligament of the left knee requiring meniscectomy; impingement syndrome of the left shoulder requiring surgery; bursitis in the left shoulder; fractured nose; several fractured teeth; temporomandibular joint syndrome; post-concussion syndrome. Pltf. never returned to work. His experts would have testified that Pltf. can never work as an ironworker again and that he can hold only lower-paying jobs. Deft.’s expert would have testified that Pltf. could obtain a job at equal or higher pay. Pltf. Experts: Edmond Provder, rehabilitation expert, Manhattan, and Albert Levenson, economist, Woodmere, would have testified for Pltf. Deft. Expert: Dr. Morris Ehrenreich, rehabilitation expert, Manhattan, would have testified for Deft.