Alvin Ballah v. Circle Line Statue of Liberty Ferry, Inc. v. Union Maintenance Corp.

Alvin Ballah v. Circle Line Statue of Liberty Ferry, Inc. v. Union Maintenance Corp.

HERNIATED CERVICAL DISC

painter

NY

This action settled prior to trial for a structured settlement of $ 795,000 plus an $84,491 waiver of a Workers’ Compensation lien

$795,000.00

XIII/36-36 MARITIME ACCIDENT LADDER PAINTER FALLS WHILE WORKING ON SHIP HERNIATED CERVICAL DISC

SETTLEMENT: Alvin Ballah v. Circle Line Statue of Liberty Ferry, Inc. v. Union Maintenance Corp. 4033/93 Date of Settlement 2/2/96 Kings Supreme

Pltf. Atty: Ralph J. Drabkin of Simon, Drabkin & Margulies, Manhattan

This action settled prior to trial for a structured settlement of $ 795,000 plus an $84,491 waiver of a Workers’ Compensation lien. Pltf., a 42-year-old painter employed by Third-party Deft., testified that on 4/9/92 he was painting the side of Deft.’s ship when he fell off a ladder leading to a float. Deft.’s ship was anchored at the Brooklyn Navy Yard and was in navigable waters, and the Labor Law did not apply. Pltf. contended that the equipment supplied by Deft. Circle Line was improperly constructed. He claimed that Union Maintenance failed to secure the ladder to the ship and that Defts. should have used scaffolding. Deft. Circle Line argued that as the owner of the boat it was not responsible, and claimed that the equipment was proper. Deft. Union Maintenance claimed that Pltf. was barred by Workers’ Compensation.

Injuries: herniated disc at C6-7 requiring a discectomy and fusion. Settlement apportionment: $596,250 (75%) paid by Circle Line; $198,750 (25 %) paid by Union Maintenance. Pltf. Experts: Capt. Pasquale Navarro, U.S. M.C., marine consultant, Kings Point; Dr. Gerald Klingon, neurologist, Manhattan; Edmond Provder, vocational rehabilitation, Manhattan. Deft. Experts: Dr. David Schneider, neurologist, Woodside; Dr. Maurice Carter, orth. surg., Manhattan; Jack Saunders, vocational rehabilitation, Manhattan.