Due to the COVID-19 pandemic, courts are essentially closed, cases are not being tried, and verdicts are not being reached. While this has led to a very uncertain legal environment, The Law Firm of Connors & Connors is here to help provide any guidance we can to assist you in evaluating and resolving cases. Each week, we will send out a newsletter discussing personal injury cases from around New York State that were decided before the pandemic and those that have been settled since the start of COVID-19 so that you, our loyal clients, will be better equipped to analyze and settle your cases. If you have any questions about these or other cases, please do not hesitate to give us a call!
ZHOU V. TUXEDO RIDGE, LLC. (1229/14)
AFFIRMED: February 19, 2020, Appellate Division, Second Department
TYPE OF CASE:
RYSZARD LATA V. THE RECTOR, CHURCH WARDENS, AND VESTRYMEN OF GRACE CHURCH IN THE CITY OF NEW YORK, GRACE CHURCH SCHOOL, 80 FOURTH AVENUE LLC, TRI-STAR EQUITIES, INC., NOVA RESTORATION OF NEW YORK INC., AND CS BRIDGE CORP (153747/14)
TYPE OF CASE: Worker/Workplace Negligence
VENUE: Supreme New York
FACTS: A 61 year old worker repairing the upper vestibule of a church fell 8-9 feet when the scaffolding on which he was standing collapsed unexpectedly.
- Left knee tear of lateral meniscus, medial collateral ligament, and retinaculum (the banded tissue that supports the patella).
- Crepitus of the left knee- a tissue abnormality that causes crackling of a joint.
- Synovitis of the left knee- inflammation of the joint-lining membrane.
- SLAP tear of right (dominant) shoulder.
- Derangement resulting in impingement of the right shoulder and causing bursitis- irritation or inflammation of the fluid filled bursa sac which assists in reducing friction.
- Herniations at L1-L2 and L5-S1 intervertebral discs.
- Trauma induced bulges and protrusions of L2-L3, L3-L4, and L4-L5.
- Trauma induced disruption of lumbar lordosis- the spine’s curvature.
- Stenosis due to L4-L5 and L5-S1, including impingement of the spinal nerves, and resultant radiculopathy that extended to the left leg.
- Trauma induced chronic bursitis in right elbow.
- Plaintiff underwent physical therapy, however the pain from the injuries did not subside.
- Surgery of the left knee- chondroplasty to repair cartilage, meniscectomy to excise the damaged portion of the lateral meniscus, and synovectomy to excise inflamed tissue.
- Corticosteroid injection for the right elbow’s bursitis.
- Painkilling nerve-block injection for the lumbar region.
- Three epidural injections of steroid based painkillers for his lumbar region.
- Painkilling injection for the sacroiliac joint.
- Decompressive arthroscopic surgery of right shoulder, including a debridement of damaged tissue, an acromloplasty, including excision of bone, and bursectomy, including excision of inflamed bursa.
- Surgery including excision of tissue in right elbow.
- Plaintiff claims that he suffers from residual pain and diminution of motion, which have prevented him from working since the 2011 accident and limited his enjoyment of recreational activities like swimming, skiing, and bicycle riding.
- The plaintiff claims that the spine’s lumbar region requires additional painkilling injections and eventually surgery to implant a neurostimulator, which produces pain-relieving stimulation of spinal nerves.
- The defense argued that the plaintiff’s injuries were degenerative and thus not related to the accident.
SETTLEMENT: The defense’s insurer tendered it’s primary policy, providing $1 million in coverage and agreed to pay an additional $1 million from the $15 million excess policy.