Furia v. Reno v. SNH Construction

Furia v. Reno v. SNH Construction

TRIMALLEOLAR ANKLE FRACTURE

construction taper and spackler

Queens, NY

Directed verdict on liability. Reno 75%; SNH Construction 25% negligent. Settled during damages trial for $725,000.

$725,000.00

VI/3-38 CONSTRUCTION ACCIDENT – SCAFFOLD – APPORTIONMENT TRIAL – SETTLEMENT FOR TRIMALLEOLAR ANKLE FRACTURE

Furia v. Reno v. SNH Construction Verdict 3/87 Judge Sidney Leviss, Queens Supreme

VERDICT: Directed verdict on liability. Reno 75%; SNH Construction 25% negligent. Settled during damages trial for $725,000.

Pltf. Atty: Jeff Battan

Deft. Atty: Gregory J. Parisi of Hogan, Jones & Parisi, Manhattan, for Reno

Scott C. Watson of J.M. Furey & R.J. Furey, Hempstead, for SNH Construction

Facts: Pltf. was a 40-year-old construction taper and spackler at the time of the accident. He was employed by SNH Construction, a subcontractor for Reno, the general contractor. The work was being done on a private home. Pltf. was working on a scaffold when he fell 12 feet to the ground. Pltf. claimed that Defts. violated ?240 of the Labor Law. He contended that improper planks were used on the scaffold, allowing him to fall through.

A directed verdict was granted on the issue of liability. As there was no indemnification contract between the two Defts., the jury decided only the percentage contribution between them. At issue was which of the parties was responsible for placing the planks on the day in question.

Injuries: trimalleolar ankle fracture requiring several operations. Pltf. walks with a cane. He is unable to work at his old job. Pltf.’s expert economist estimated Pltf.’s lost earnings as a union taper/spackler at $848,000. No offer; demand: $750,000. Pltf. Experts: Dr. Robert Reiss, orth. surg., Huntington; Dr. Conrad Berenson, economist, Woodbury; Edmond Provder, rehabilitation specialist.