Bronx Jury Returns $385,000 Award—With No Future Medical Expense—After Plaintiff Demands $4.7M
Case Study

Bronx Jury Returns $385,000 Award—With No Future Medical Expense—After Plaintiff Demands $4.7M

October 23, 2019

Goldberg Segalla earned a favorable jury verdict for its clients, Taconic Builders and CPW Park Views, in a case stemming from a construction accident at a multimillion-dollar residential building in Manhattan. The plaintiff, claiming common-law negligence and serious injury under New York Labor Law, was seeking $1.5 million in past pain and suffering, $2 million in future pain and suffering, and $1.2 million in future medical costs for a lumbar spine fusion allegedly caused by a fall from a ladder. The jury returned a verdict of $350,000 for past pain and suffering, and $35,000 for future pain and suffering, and, significantly, no award for future medical expenses.

In August 2010, the plaintiff was taken to the emergency room where he was treated and released with complaints of lower back pain and a fractured right ring finger. He began a litany of treatment to his neck, back, and hand, and did not return to work for the next seven years. He also underwent a lumbar spine fusion surgery in 2013. He was previously granted summary judgment on liability under Labor Law § 240 against Taconic Builders in May 2018. However, he never sought similar relief against CPW Park Views.

In addition to the plaintiff, testimony included seven expert witnesses between the two sides. Although an expert economist testified as to the plaintiff’s future damages, during the course of the trial, the plaintiff withdrew the wage component. The economist testified that the plaintiff would need, in accordance with the mandates of his pain management provider, future medical care of $1.2 million.

In the New York Supreme Court of Bronx County, partner Robert F. McCarthy secured a favorable directed verdict on liability on behalf of CPW Park Views at the close of evidence, arguing that the plaintiff had failed to make out a prima facie case against them.

MORE ABOUT GOLDBERG SEGALLA’S GENERAL LIABILITY PRACTICE:

With a roster stacked with seasoned litigators and nationally recognized authorities in a number of critical legal disciplines, Goldberg Segalla brings exceptional strength and savvy to the defense of a wide range of liability claims. Our attorneys have a wealth of experience defending companies of all sizes in various industries, along with municipalities, school districts, and other public entities, in a broad spectrum of matters. We pride ourselves on the aggressive and cost-efficient manner in which we defend all claims. Our trial record and commitment to early dispositive motions is our hallmark of success. In matters of liability, we employ creative settlement resolutions and resort to alternative dispute resolution (ADR) wherever possible.