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to provide safety devices to prevent elevation/gravity related injuries was further cited as a violation of Labor Law § 241(6).
The defendants argued that equipment including ladders was available, and that the plaintiff and his co-workers had been instructed not to climb the cross-braces, but did so anyway. The plaintiff’s super- visors confirmed that these instructions had been given. The defendants cited meeting minutes in which the instructions were issued.
After the conclusion of trial, the jury of six deliberated for one day before returning a verdict for the plaintiff. The jury awarded $2,871,200, concluding that the defendants had violated state labor laws and regula- tions, and that this violation was the cause of the plaintiff’s fall. The verdict included $775,000 for future medical damages and $1.636 million in past and fu- ture lost earning capacity. The jury split was 5-1.
Plaintiff’s economics expert: Alan Leiken from Stony Brook, NY. Plaintiff’s engineering expert: Walter Conon from Waccabuc, NY. Plaintiff’s orthopedics expert: Scott Gray from Astoria, NY. Plaintiff’s physical medicine expert: Malcolm Reed from New York, NY. Defendant’s orthopedics expert: Robert Goldstein from Bronx, NY. Defendant’s radiology expert: Evan Dillon from New York, NY.
Marek Ciepierski vs. New York City School Construction Authority, the City of New York and the New York City Department of Education. Index no. 15754/2007; Judge Alison Y. Tuitt, 03-18-11.
Attorney for plaintiff: David H. Perecman of The Perecman Firm, P.L.L.C. in New York, NY. Attorney for defendant: Matthew P. Ross of Wilson, Elser, Moskowitz, Edelman & Dicker L.L.P. in New York, NY.
MOTOR VEHICLE NEGLIGENCE Intersection Collision
$100,000 VERDICT Motor Vehicle Negligence – Intersection Collision
Failure to stop at stop sign at T-intersection –
Lumbar Facet Joint Dysfunction – Aggravation of previously asymptomatic scoliosis – Resolving kidney bruise and rib fractures.
Genesee County, NY
The plaintiff driver, in his 30s, who was approaching the top of a T-intersection, contended that the defendant driver negligently failed to stop at a stop sign, causing the collision.
The plaintiff contended that he sustained facet joint dysfunction at a lumbar vertebrae and that he will suffer permanent pain and limitations despite treat- ments such as injections. The plaintiff also contended that a prior case of moderate scoliosis was asymp- tomatic until the collision occurred, and maintained that he suffered an aggravation that will cause per-
$75,000 VERDICT Motor Vehicle Negligence – Intersection Collision
Failure to stop at stop sign – Defendant
contends he was confronted with sudden emergency because he was fleeing from individual appearing to threaten him with a gun – Lumbar and cervical herniations and bulges – Ten weeks missed from work.
manent pain and limitations. A kidney bruise and two rib fractures resolved. The plaintiff lost 17 weeks from work.
The defendant admitted 100% negligence, proxi- mate cause and that plaintiff’s injuries met the serious injury threshold. The defendant denied that the acci- dent caused the claimed scoliosis aggravation or lumbar facet joint dysfunction.
The defendant had offered $10,000 and the plaintiff’s settlement demand was $80,000. The jury awarded $100,000.
Holtfoth vs. Williams. Index no. 56812; Judge Robert C. Noonan, 03-01-11.
Attorney for plaintiff: Mark P. Della Posta of Walsh Roberts & Grace in Buffalo, NY.
Kings County, NY
The plaintiff driver, in his mid 30s, contended that the defendant driver ran a stop sign, causing the collision. The defendant maintained that he was confronted with a sudden emergency. The defendant contended that an incident of road rage had just occurred and that the other driver pulled over and gestured he was about to get a gun from his trunk.
New York Jury Verdict Review & Analysis