What’s it Worth? August 26, 2021

Hello All! I hope you have been having a good summer and have avoided the Delta variant. As the summer draws to a close and we wonder if the courts will pick up, What’s it Worth is back in action. As we have told you in the past we welcome the opportunity to speak to you about your cases. Please feel free to contact us.

 

KRZYSZTOF INTEREWICZ V. ST TERESAS TOMAN CATHOLIC CHURCH, ST TERESA OF AVILA CHURCH, ROMAN CATHOLIC DIOCESE OF BROOKLYN (506359/17)

SETTLED: 2021

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.

INJURIES:

• 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)

SETTLED: 2021

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.

INJURIES:

• 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.

INJURIES:

• 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.