Ranieri v. Holt Construction et ano — After trial I received a verdict slightly over $15,000,000.00 for a worker who sustained a relatively simple fracture of his elbow and a torn meniscus.
After the verdict we were confronted with several months of video tape of the client taken by the Defendants which showed the client in excellent physical condition on the beach.
We were able to demonstrate that these very videos showed a few instances which were consistent with his problems. Thus, the judge refused to set aside the verdict.
We were able to then settle the matter for close to $8,000,000.00
Tonaj v. ABC Carpet et al — I received a verdict in excess of $9,600,000.00 for a worker who fell 15 feet from a scaffold. His short time in the country made proof of a lost earnings case most difficult.
What made the case most outstanding to my view was the fact that a co worker who also fell along with him, while sustaining serious injuries also, who was represented
by a different lawyer at trial was only awarded $250,000.00 in future damages while my client was awarded $6,000.000.00.
This takes on particular significance since they were both represented by the other lawyer throughout almost all the
proceedings except for trial and their testifying experts and physicians were the same.
Dounias v. Town of Marlborough — This case involved two workers who were struck by an errant vehicle while doing sidewalk construction. The vehicle had allegedly drifted into the shoulder of the roadway.
The vehicle had a very limited insurance policy making a successful result and trial against the Town essential. Some witnesses claimed both workers were at fault for running
across the street without looking.
After a one month long trial involving over 25 witnesses and almost 100 exhibits I was able to settle my clients case for $4,525,000.00 plus waiver of a $400,000.00
workers compensation lien. This trial was in a conservative jurisdiction where a lawsuit against the Town, under these circumstances, where the driver was the most obvious
culprit, would be viewed skeptically.
What made this result especially noteworthy was that the jurisdiction is one where large verdicts are highly unusual and because our client's settlement, despite serious
injuries to both clients, was triple that of the other workers settlement.
Olszewski v. Park Terrace Gardens — This was a verdict for over $10,000,000.00 for an undocumented worker who fell 7 stories while working on a suspension scaffold which collapsed. The evidence showed the
worker had not used his safety harness and lifeline although his co-worker, also on the scaffold, was saved by having used it. Despite the fact that he was what the Defendants referred
to as an illegal alien and the fact that he had not used his safety devices we prevailed.
Kempisty v. 246 Spring Street, LLC — This case involved a construction worker who was struck in the leg by a large and heavy steel block that he had just attached to the end of a cable hanging from
the tip of a crane boom. As the crane operator lifted the block, it moved sideways catching his leg between it and another block. The trial court, on its own, dismissed
the part of
the case that relied on Labor Law 240(1) and ruled that the Plaintiff would have to go to trial to succeed in proving violations of other worker safety rules.
Undaunted by this ruling,
our firm appealed the decision and not only won reinstatement of this claim but was granted summary judgment in Plaintiff's favor. The
Appellate Division, First Department, in a well
reasoned decision, agreed that the block could only have moved due to gravity and stated that: “The elevation
differential cannot be considered de minimis when the weight of the
object being hoisted is capable of generating an extreme amount of force, even though it only
traveled a short distance". Highly respected lawyers practicing in the field of construction accidents have commented on the unique nature of the arguments made
by our firm and the court’s decision and that it will keep the avenues available for construction workers to be
fairly compensated when they are injured. We are
proud of this court decision because it was unusual and unexpected.