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Verdict range $500,000 - $1,000,000
ARTICLE ID 49974
$________ Plaintiff workman trips on plank left at construction site - Tears of meniscus and tendons - Sciatica - Inability to continue working construction.
New York
The plaintiff, 51 years old at the time of the incident, was
employed as a laborer during the construction of the Time
Warner/AOL building at 10 Columbus Centre in Manhattan. While
exiting the building at the end of his shift the plaintiff
stepped on wooden planks that were laid on irregular ground in
the area of a loading dock. The planks collapsed and plaintiffs
leg fell through the opening, up to his calf.
The plaintiff claimed that defendants violated the Labor Law by
failing to guard an opening with a substantial cover fastened in
place, by failing to provide the plaintiff with safe footing, by
failing to keep a work area free from scattered materials and by
failing to provide sufficient lighting for safe working
conditions. The defendants claimed that the work site was safe,
the occurrence did not fit the requirements of the plaintiffs
claimed Labor Law violations, that they did not create the
condition complained of and were not given notice of the specific
condition prior to the plaintiffs accident.
The plaintiff maintained that he suffered a complex tear of
posterior horn of the medial meniscus of the left knee requiring
an arthroscopy, posterior left tibial tendon insufficiency and
sciatica.
The plaintiff never returned to work as a laborer but became a
pastor with negligible earnings in a community-based religious
program. The plaintiffs treating orthopedist testified that the
plaintiffs injuries were permanent and related to the accident.
This expert testified that the plaintiff was unable to return to
heavy-duty construction work. The plaintiffs vocation
rehabilitation specialist testified that the plaintiff was
unskilled, had limited education, had limited ability to sit or
stand for prolonged periods and was not realistically employable
in the competitive labor market.
The defendants expert orthopedist testified that the plaintiffs
knee injury was related to the occurrence but was not disabling.
The defendants expert maintained that the plaintiffs posterior
tendon insufficiency was not related to the accident, but caused
by prior repetitive ankle sprains. The defendants radiologist
testified that the plaintiffs MRI showed that plaintiffs ankle
symptoms were mild at best. The defendants vocational
rehabilitation specialist testified that plaintiff could return
to full-time work in a sedentary capacity and could earn $________-
________ annually.
The jury found the defendant ________% negligent and awarded $________,
including $________ for past pain and suffering, $________ for
future pain and suffering, $________ for past medical expenses, $
________ for future medical expenses, $________ for past loss of
earnings and $ ________ for future loss of earning.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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