Charles Hartkorn v. 334 West 87th St. Corp.; Alpine Scaffold & Equipment Corp.; and Blade Contracting, Inc.
Type of Injury
FRACTURED HIP, VERTEBRA, RADIUS, AND ULNA
This action settled for $1,700,000, plus a waiver of a $175,000 Workers’ Compensation lien
XIV/7-27 SCAFFOLD ACCIDENT LABOR LAW FRACTURED HIP, VERTEBRA, RADIUS, AND ULNA
SETTLEMENT: Charles Hartkorn v. 334 West 87th St. Corp.; Alpine Scaffold & Equipment Corp.; and Blade Contracting, Inc. 107284/93 Date of Settlement 6/20/96 New York Supreme
Pltf. Atty: Marshall Schmeizer of Queller & Fisher, for Kenneth A. Wilhelm, Manhattan
This action settled for $1,700,000, plus a waiver of a $175,000 Workers’ Compensation lien. Pltf., a 52-year-old carpenter, claimed that on 4/9/92 he was injured as he descended a parapet roof to a scaffold. He testified that the outriggers and two of the three planks had been removed from the scaffold. Pltf. claimed that he hung from the roof and dropped a short distance onto the single remaining plank, which broke. Pltf. brought this action against Deft. Blade Contracting under Labor Law ?? 240( 1), 241(6), and 200, and against Deft. Alpine for common law negligence.
Injuries: fractured hip requiring open reduction and internal fixation; compression fracture at L-2; comminuted fracture of the left ( nondominant) distal radius and ulna. Pltf. testified that he is permanently disabled from this type of work and can only perform sedentary work. Pltf. has a tenth-grade education and worked in the construction field for 40 years. Deft. would have argued that Pltf.’s injuries were not as serious as he claimed and that he was able to earn a living in a different field. Pltf. Experts: Dr. William Snover, emergency room medicine, Danville, Pennsylvania; John Hagopian, P.E., engineer, Binghamton; Edmond Provder, vocational rehabilitation, Manhattan; Conrad Berenson, Ph.D., economist, Woodbury. Deft. Experts: Dr. Kenneth Perrine, neuropsychologist, Manhattan; Dr. Brian Hainline, neurologist, Manhasset; Dr. Jean-Francois Eid, urologist, Manhattan