$3,120,000 VERDICT - LABOR LAW - CONSTRUCTION ACCIDENT - LABORER INJURED IN TRENCH COLLAPSE - INDUSTRIAL CODE VIOLATIONS - CRUSH INJURY TO CHEST - COLLAPSED LUNG - HERNIATED LUMBAR DISC - AND PSYCHOLOGICAL INJURIES.

Ali Muriqi v. Dormitory Authority of the State of New York; Decon Mechanical Contractors; and York/Hunter Joint Venture v. Fred Todino & Sons, Inc. 37795/95, 4-week trial, Verdict 7/30/98, Kings Supreme

Judge: Edward M. Rappaport

Verdict: $3,120,000 v Third-part Deft. Fred Todino & Sons, Inc. (6/0). Breakdown: $250,000 for Past pain and suffering; $1,750,000 for future pain and suffering; $120,000 for past lost earnings; $1,000,000 for future lost earnings. York/Hunter was dismissed at the end of Plft.'s case on liability. Dormitory Authority and Decon Mechanical were granted a directed verdict by the court. Jury: all female.

Pltf. Atty: Robert A. Hyman of Robert A. Hyman, P.C., Pleasantville, and Matthew Oshman of Oshman & Helfenstein, Manhattan
Deft. Atty: Emilio F. Grillo of Ahmuty, Demers & McManus, Manhattan for Dormitory Authority, Henry J. Achiron of Klein, DiSomma & McGlyn, Manhattan, for Decon Mechanical Contractors. Kevin J. Kelly of Conway, Farrell, Curtin & Kelly, P.C., Manhattan for York/Hunter Eugene F. Sweeney of Flynn, Gibbons & Dowd, Manhattan, for Third-party Deft. Todino

Facts: Plaintiff, a 32-year-old pipefitter/plumber employed by Third-party Deft. Todino (100% liable), claimed that on 6/14/95 he was injured at a construction site at the Central Brooklyn Children's Psychiatric Hospital when a trench collapsed. The Dormitory Authority was the owner of the premises and Deft. Decon Mechanical was the main plumbing contractor, which had subcontracted the trench work to Todino. Deft. York/Hunter was the construction manager. Evidence indicated that the trench led from the building to the hook-up in the street. Plft. claimed that the cave-in occurred where he was connecting the pipes that were laid. Plft. Claimed that the trench walls were not shored, braced, or in any way supported, in violation of industrial codes. He testified that the trench was over 5 feet high at the point where it collapsed, and should have been braced. Third-party Deft. Todino contended that the trench was less than 5 feet high, and did not require shoring or bracing. Todino argued that Pltf. was comparatively negligent and should not have been in the trench if he knew that it was more than 5 feet high. Todino further argued that the trench work was done properly and was supervised by Decon Mechanical.

Injuries: crush injury to the chest with two fractured ribs; collapsed lung causing lung damage with scarring to the lungs; herniated lumbar disc at L4-5; post-traumatic stress disorder. Pltf. was hospitalized for 18 days following the accident, and chest tubes were inserted to remove blood and drain field. Pltf. underwent laser decompression surgery in November 1997 for the back injury. He continued to treat with a psychiatrist and orthopedist at the time of the trial. Pltf. claimed that he is unable to return to construction work and is limited to sedentary job. Pltf., who testified through an Albanian interpreter, claimed that he experiences shortness of breath on exertion, and contended that his injuries are permanent. Deft. disputed the severity of Pltf.'s back injury and claimed that he is pain free, has no restrictions, and is able to perform light to moderate work. Concerning the psychological injuries, Deft. claimed that with appropriate treatment, Pltf. is a good candidate to return to a normal lifestyle. Demonstrative evidence: medical chart showing laser decompression surgery; economic charts; X-rays of the lungs; anatomical model of the lumbar spine. Offer: $250,000; demand: $1,200,000; amount asked of jury: $3,750,000. Jury deliberation: 3 hours on liability; 1 1/2 days on damages. Carrier: State Insurance Fund for Todino.

Pltf. Experts: Dr. Ira Gould, pulmonologist, Manhattan; Greg Schwartzkopf, vocational rehabilitation, Brooklyn; Dr. Jonathan Korn, treating orth. Surg., Manhattan; Dr. Dushan Kosovich, psychiatrist, Manhattan.

Deft. Experts: Dr. Robert April, neurologist, Manhattan; Dr. Edward Torriello, orth. Surg., Brooklyn; Dr. Leonard Deutsch, psychiatrist, Manhattan; James Pascuiti, vocational rehabilitation, Springfield, New Jersey.

Deft's Insurance: Stark Insurance Fund

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER (XVI/9-12)