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ARTICLE ID 50852

Labor law ________(6) - Seven disc herniations requiring two disc fusion surgeries and anticipated further surgeries.

Erie County

The plaintiff contended that the defendants violated Labor Law ________(6), when he allegedly tripped and fell on scaffolding while performing block frame work at the construction of the Perry Central School District on November 1, ________. He alleged that the scaffolding was defective, that it presented a tripping hazard and that it was not equipped with appropriate safety railings. The defendants argued that the scaffold was fully equipped with all safety devices as required by the statute.

The plaintiff sustained seven disc herniations in his spine. He underwent lumbosacral spinal fusion and thoracic spinal fusion. His treating orthopedic surgeon opined that further cervical spine fusion surgery was necessary, along with an additional lumbosacral spinal fusion. His treating physician in rehabilitation medicine opined that the plaintiff was permanently and totally disabled from performing any work whatsoever.

The pre-verdict settlement demand was $________. The pre-verdict offer was $________. The plaintiff’s counsel demanded that the jury award the plaintiff $________. After a three week trial, the jury returned a defense verdict holding that the defendants did not violate Labor Law ________(6).

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