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ARTICLE ID 25868

- NEGLIGENT DELIVERY OF SHEET ROCK - PLAINTIFF ALLEGED SHEET ROCK NEGLIGENTLY PLACED AGAINST WALL IN HALLWAY OF BUILDING - PLAINTIFF CLAIMS NUMEROUS FRACTURES TO LEG AS RESULT OF SHEET ROCK FALLING ON HIM.

New York County

This was an action in which the male plaintiff, in his 40’s, contended that he suffered serious fractures to his right leg and knee as a result of sheet rock falling on him as he entered the building owed by the firm in which he is a partner. The plaintiff maintained that the company he worked for had ordered sheet rock from the defendant building supply company and alleged that it had been negligently placed against a wall in the hallway of the building. The plaintiff further asserted a third party claim against his own firm, contending that the delivery should have been supervised and that the location of the sheet rock should have been noticed. The plaintiff maintained that he suffered a torn medial meniscus and extremely severe fractures to the tibia and fibula of his right knee, requiring open reduction, internal fixation, and reconstructive surgery. The plaintiff’s treating orthopedic surgeon contended that the plaintiff suffered severe comminuted fractures of the fibula and tibia, severe injury to the right knee, and suffers severe permanent instability in the right leg. The plaintiff’s examining orthopedic surgeon verified the severe fractures the plaintiff contended and asserted that the plaintiff sustained limitation of motion in the right knee.

The plaintiff further asserted that due to his injury he is limited to inside work and must wear sneakers. The defendant building supply company maintained that the plaintiff failed to present a prima facie case and that as a matter of law should have been dismissed as a defendant. The defendant did not present an expert witness. A principle in the defendant company was called by the plaintiff and testified that it would ever deliver building material inside a building and that it makes only sidewalk deliveries. This witness further asserted that if the sheet rock was delivered inside the building, it was done so without authority. The jury found for the defendant and determined that there was no negligence. Farhadian vs. Bowery Building Supply vs. West Bank Reality. Index no. ________-88; Judge Vincent E. Doyale, 1-9-90. Attorney for plaintiff: Budin, Reisman & Schwartz in Manhattan; Attorney for defendant building supply: George Siracuse of Sutera & Siracuse in Manhattan; Attorney for third party defendant: John Wright of Marshall, Conway & Wright in Manhattan. Plaintiff’s treating orthopedic surgeon: Paul Ort of Manhattan.

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