Christopher Cardozo v. United Parcel Service, Inc.
Type of Injury
foreman in road works company
New York, NY
This action settled during trial for $200,000.
XVI/8-46 MOTOR VEHICLE CONSTRUCTION WORKER STRUCK BY SIDE VIEW MIRROR DISLOCATED SHOULDER
SETTLEMENT: Christopher Cardozo v. United Parcel Service, Inc. 102044/96 Date of Settlement 5/8/98 New York Supreme
Pltf. Atty: Martin Block of Sanders, Sanders, Block & Woycik, Mineola
This action settled during trial for $200,000. Pltf., a 26-year-old foreman in a road works company, claimed that on 8/14/95 at 10:30 AM he was standing on a median approximately 1 foot from the road on Veterans Drive in St. Thomas, U.S.V.I., when he was struck from behind by the right side mirror of one of Deft.’s vans. Pltf. claimed that the van was speeding in a construction zone and that the driver was not paying attention to the road conditions. Pltf. did not see the UPS truck, but would have produced a co-employee who saw the incident occur.
Deft. denied that one of its trucks hit Pltf., and questioned the credibility of the witness. Deft. also argued that Pltf. failed to wear a safety vest while working at the construction site.
Injuries: dislocated left (dominant) shoulder with internal derangement requiring arthroscopic surgery; low back soft tissue injury. Pltf. claimed that he was out of work for 3 years and that was unable to return to heavy labor. Pltf.’s vocational rehabilitation expert testified that he can only perform sedentary work. Deft. argued that Pltf. sustained only soft tissue bruises and sprains, and that his shoulder was mechanically put back into place and was stable.
Pltf. Expert: Dr. Edmond Provder, vocational rehabilitation, Manhattan.
Aurella Johnson v. Overnight Transportation Co.
Type of Injury
CRUSH INJURY TO FOOT
store room clerk
This action settled after Pltf. s case for $200,000.
XIV/49-35 LOADING DOCK ACCIDENT CRATE FALLS ON STORE CLERK S FOOT CRUSH INJURY TO FOOT
SETTLEMENT: Aurella Johnson v. Overnight Transportation Co. 1274/96 Date of Settlement 5/12/97 Orange Supreme
Pltf. Atty: Steven H. Cohen of Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh
This action settled after Pltf. s case for $200,000. Pltf., a 42- year-old store room clerk, claimed that on 5/23/94 she was injured when a crate fell on her foot. Pltf. claimed that Deft. delivered a crate to her employer and she told the driver where the forklift was located. She claimed that the driver told her that he was in a rush and asked her to help. The driver moved the crate to the edge of the truck, lost control of it, and the crate fell on Pltf. s foot. The crate weighed approximately 150 lbs.
Pltf. claimed that Deft. negligently unloaded the crate and that it was prudent to use the available forklift to move the crate.
Injuries: crush injury to the foot. Pltf. claimed that as a result of the injury, she walks with an impaired gait and developed low back pain. She was unable to return to work in her field and gained weight. Deft. would have argued that she had received treatment for prior foot problems and low back complaints, that she was heavy prior to the incident, and that she failed to seek job retraining.
Demonstrative evidence: drawings of the foot; model of the spine; medical document; employment records. Pltf. Experts: Dr. Joel Mandel, orth. surg., New Windsor; Edmond Provder, vocational rehabilitation, Manhattan; Dr. George Steiner, orth. surg., Poughkeepsie. Deft. Experts: Dr. Edward Quinn, internist, New Paltz; Dr. James Dickson, orth. surg., Rye.