$350,000 SETTLEMENT - LABOR LAW - CONSTRUCTION ACCIDENT - LABORER TRIPPED OVER WIRE UNDER CONSTRUCTION DEBRIS - BILATERAL TORN MENISCI

SETTLEMENT: Thomas and Annette O'Keefe v. Tishman Construction, L. K. Comstock, Volpe Electric, and Rael Sprinkler 120509/95. Date of Settlement 5/13/99, New York Supreme

Pltf. Atty: Robert A. Hyman, of Robert A. Hyman, P.C., Pleasantville, and Matthew Oshman of Oshman & Helfenstein, Manhattan

This case settled at jury selection for $350,000 plus the waiver of a Worker's Compensation lien. On 4/12/93, Pltf., a 39-year-old construction laborer employed by Rael Sprinkler, was injured when he tripped and fell on a wire, which was concealed by construction debris. He had been carrying materials at the time. Pltf. brought this action for violation of Labor Law 241(6), as well as a Rule 23 violation, which applies to trip hazards. Deft. Tishman, the construction manager and general contractor, argued that one of the subcontractors was at fault.

Injuries: bilateral torn menisci. Pltf. underwent arthroscopic surgery on one knee 6 months after the accident, and arthrosopic surgery on the other knee in 1998, 5 years post-accident. He claimed that he has developed post-traumatic arthritis in both knees. Defts. would have disputed the casual connection between this accident and the knee injury for which Pltf. underwent surgery in 1998. Settlement apportionment: Rael and Tishman each paid $150,000; Comstock and Volpe each paid $25,000. Deft's Insurance: AIG for Tishman; Mutual Marine was for Rael; CNA for Comstock; Liberty Mutual for Volpe. State Insurance Fund waived the Workers' Compensation lien.

Pltf. Expert: Pltf. would have called Dr. Richard Parker, orth, surg., Valley Stream.

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER (XVII/9-40)