Doorly and Roselet Gordon v. Tishman Construction Corp. v. D & M Contracting and Developing, Inc.
Type of Injury
ULNAR NERVE ENTRAPMENT
$1,256,029 for Doorly G. (6/0).
XV/25-9 CONSTRUCTION ACCIDENT LABOR LAW JOLT OF NAIL GUN CAUSES WORKER TO FALL ULNAR NERVE ENTRAPMENT DAMAGES TRIAL
Doorly and Roselet Gordon v. Tishman Construction Corp. v. D & M Contracting and Developing, Inc. 18449/91 7-day trial Verdict 10/23/97 Kings Supreme
Judge: Diana A. Johnson
Verdict: $1,256,029 for Doorly G. (6/0). Breakdown: $330, 400 for past pain and suffering; $524,160 for future pain and suffering (20.8 years); $204,750 for past lost earnings; $196,719 for future lost earnings (6.3 years).
$145,275 for Roselet G. for loss of services. Post-trial motions were denied. Notice of Appeal by Third-party Deft. is likely.
Pltf. Atty: Seth E. Coen of Coen & Geoghan, P.C., Brooklyn, and Barbara S. Odwak of Gursky & Odwak, Brooklyn
Deft. Atty: Michael S. Brown of Caulfield, Heller, Harris & Ryan, Manhattan, for Tishman
Robert A. Dashow of Gottesman, Wolgel, Secunda, Malamy & Flynn, Manhattan, for Third-party Deft. D & M
Facts: Pltf. Doorly G. was a 49-year-old carpenter at the time of this accident on 7/12/89 that occurred on Madison Ave. in Manhattan. Pltf. was shooting track in preparation for studs being installed for the creation of walls. He was working on a bench, using a nail gun. The jolt of the gun caused the bench to kick out, and Pltf. fell. As he was falling, he reached out with his left hand and caught his thumb on the adjacent stud. He fell on his left side, striking the elbow on exposed pipes coming up out of the flooring. On 9/3/96, Pltfs. were granted summary judgment against Deft., and Deft. was granted judgment over against Third-party Deft., which was found 100% liable. This case was on damages only.
Injuries: ulnar nerve entrapment causing a flexion contracture of the third, fourth, and fifth fingers. He underwent surgery to reattach a tendon in the thumb. The surgeon who repaired Pltf. s tendon in 1989 testified that Pltf. s injuries were a result of this accident. His vocational rehabilitation expert opined that Pltf. is not employable in a full-time capacity, but could work part-time. He has not worked since the accident. Defts. disputed Pltf. s claims that he sustained the ulnar nerve entrapment or flexion contracture in this accident. They further contended that Pltf. failed to mitigate losses for lost wages by not seeking other employment. Offer: $350,000; demand: $1,000,000; amount asked of the jury: $3,551, 000. Specials: $80,000. Carriers: Travelers/Aetna for Tishman Construction; State Insurance Fund for D & M.
Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Thomas Fitzgerald, Ph.D., economist, Mt. Vernon; Dr. Steven Green, orth. surg. and hand surgeon, Manhattan.
Deft. Experts: Joyce Mesch-Spinello, Ph.D., vocational rehabilitation, Manhattan; Dr. Jerome Block, neurologist, Manhattan.