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$________ Defendant company performing repair of pipe under roadway in college campus negligently fails to use road plates that are flush with street – Plaintiff employee of college using cart loses control and flips over – Complete ACL tear – Partial MCL tear – Open surgery

Suffolk County, NY

This case involved a plaintiff in his mid 40s who was employed by Brooklyn College, and who was riding his cart back to the school garage where is car was located at the end of the day. The plaintiff contended that the defendant contractor, who was repairing underground pipes in the college roadway, negligently failed to taper the metal plates situated on the roadway, resulting in an approximate one-inch space between the roadway and the plates. The plaintiff maintained that as he traveled over the space between the roadway and one plate, he began to lose control, and that upon contacting the space under a second plate, he flipped over. The plaintiff’s expert engineer contended that the defendant violated OSHA and the Uniform Manual of Traffic Control Devices by failing to use a device to render the plate flush with the asphalt. The defendant maintained that the sole cause of the incident was the negligent failure of the plaintiff to use the cart safely.The plaintiff contended that sustained severe knee injuries, including a complete ACL tear and a partial MCL tear, and underwent open surgery approximately seven months after the incident. The plaintiff developed significant complications, including septicemia, requiring antibiotics, and maintained that the complications contributed to a very substantial disability.

The plaintiff contended that he will permanently suffer very significant pain and difficulties ambulating, he will not be able to return to work, and that he is at risk for needing future knee replacement surgery. The defendant contended that the plaintiff can work in a sedentary capacity.The case settled prior to trial for cash of $________, a reduction of the workers’ compensation lien from $________ to $________ and an agreement that compensation benefits, including those relating to medical bills and earnings, will continue.

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