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KRZYSZTOF INTEREWICZ V. ST TERESAS TOMAN CATHOLIC CHURCH, ST TERESA OF AVILA CHURCH, ROMAN CATHOLIC DIOCESE OF BROOKLYN (506359/17)
VENUE: Supreme Kings
TYPE OF CASE: Workplace Liability
FACTS: A 49-year-old carpenter was working at a job site when the scaffold he was standing on collapsed. He avoided a fall to the ground by grabbing the scaffolding’s frame.
- The plaintiff suffered a tear of his right hip’s labrum.
- The plaintiff sustained a tear of his right hamstring tendon.
- The plaintiff suffered a tear of his right knee’s lateral and medial meniscus.
- The plaintiff claimed that the accident aggravated preexisting conditions, including spondylosis with degeneration of the spine’s lumbar region, stenosis with impingement of a nerve in the lumbar region of the spine, and herniations of his L1-L2, L2-L3, L3-L4, L4-L5, and T11-T12 intervertebral discs.
- The plaintiff claimed that his stenosis produced radiculopathy.
- The plaintiff claimed that he developed inflammation of his joint lining membrane in his left knee.
- The plaintiff underwent arthroscopic surgery on his right knee including a meniscectomy with excision of portions of the knee’s menisci and synovectomy with excision of inflamed tissue.
- The plaintiff underwent arthroscopic surgery on his right hip.
- The plaintiff underwent a surgery including a discectomy with excision of his L4-L5 and L5-S1 discs, fusion of the corresponding levels of his spine, implantation of stabilizing cages and screws, and application of a stabilizing graft of hone that was harvested from his pelvis’ left iliac crest.
- The plaintiff received two years of physical therapy.
- The plaintiff claimed that he suffers from residual pain and limitations which prevent his ability to perform physical activities.
- The defense counsel argued that the injuries predated the accident.
MEDIATED SETTLEMENT: The parties negotiated a pretrial settlement in which the defendant tendered its full $3 million policy.
NYESHIA LYDELL SKIPWITH V. DORUS M. BATT, ST. JOSEPH CONVENT, SISTERS OF ST. JOSEPH (605989/19)
VENUE: Supreme Suffolk
TYPE OF CASE: Automobile Liability
FACTS: A 31-year-old nurse was driving when her car was struck by a driver executing a left turn.
- The plaintiff sought medical attention five days after the accident.
- The plaintiff claimed to suffer herniations of her C3-C4, C5-C6, and C6-C7 intervertebral discs.
- The plaintiff claimed to sustain impingement of her spinal cord and resultant radiculopathy.
- The plaintiff claimed to suffer trauma induced bulges of her C4-C5, C7-T1, L4-L5, and L5-S1 discs.
- The plaintiff received eight months of physical therapy after the accident.
- The plaintiff underwent a discectomy involving excision of her C5-C6 disc, fusion of the corresponding level of her spine, implantation of a stabilizing cage, and application of a stabilizing graft bone that had been harvested from her pelvis’ iliac crest.
- The plaintiff received six months of physical therapy after her surgery.
- The plaintiff continues to experience neck and back pain.
- The plaintiff’s expert physiatrist opined that she could work for only fifteen more years before her injuries will necessitate a less vigorous job. The expert also claimed that the plaintiff will require further physical therapy, a fusion of her spine’s cervical region, and a discectomy of her spine’s lumbar region.
MEDIATED SETTLEMENT: The parties negotiated a pretrial settlement in which the defendant’s primary insurer tendered its full $1 million policy and the excess carrier agreed to pay $600,000 from a $10 million policy.
STOCK V. AIR & LIQUID SYSTEMS (412 CA 19-01975)
AFFIRMED: October 9, 2020, Appellate Division, Fourth Department
VENUE: Supreme Erie
TYPE OF CASE: Asbestos Exposure
FACTS: The plaintiff was exposed to asbestos used in and on valves manufactures and supplied by Jenkins Bros. when he was employed by New York Wire Mills from 1979-1986. The plaintiff was admitted to the hospital for abdominal in August 2015. By December 2016, he was diagnosed with mesothelioma.
- The plaintiff suffered from abdominal and chest pain for the three years before the trial.
- The plaintiff underwent four rounds of chemotherapy and one round of radiation with complications.
- The plaintiff underwent eight surgeries including: a thoracotomy, rib resection, extra pleural pneumonectomy, and bronchial stump resection.
- The plaintiff claimed that he was unable to engage in recreational activities such as hunting, golfing, and working out.
- The plaintiff also claimed that he was unable to play with his grandchildren or perform household chores.
- The plaintiff was unable to continue working as a police officer.
- The plaintiff was 60 years old at the time of trial and passed away in September 2019 while the appeal was pending.
AFFIRMED: The jury awarded $4,500,000 for the past three years and $1,500,000 for one year of future of pain suffering. The Appellate Division, Fourth Department affirmed.