Joseph Zatorski v. Plant Partners, L.L.P. and TML Management Services
Type of Injury
HERNIATED CERVICAL AND LUMBAR DISCS
New York, NY
This action settled prior to jury selection, in front of mediator Michael McAllister, for $675,000.
XVIII/9-47 FALLDOWN STAIRS HERNIATED CERVICAL AND LUMBAR DISCS
SETTLEMENT: Joseph Zatorski v. Plant Partners, L.L.P. and TML Management Services 122605/97 Date of Settlement 3/3/00 New York Supreme
Pltf. Atty: Martin Block of Sanders, Sanders, Block & Woycik, P.C., Mineola
Deft. Atty: Alyson M. Piscitelli of Jacobowitz, Garfinkel & Lesman, Manhattan
This action settled prior to jury selection, in front of mediator Michael McAllister, for $675,000. Pltf., a 37-year-old truck driver, claimed that on 6/6/96, while delivering newsprint to the Daily News plant in Brooklyn, he tripped over a rock used to hold open a self-locking door to the loading platform and fell down a flight of metal steps from which one handrail was missing. Pltf. further claimed that the railing had been missing for almost a year, and that Deft. did not repair it because plant operations were being moved to New Jersey. Deft. contended that the accident occurred because Pltf. was in a hurry, and was rushing. Deft. further contended that it did not know who put the rock in the doorway. Deft. also contended that Pltf. should have seen the rock.
Injuries: herniated cervical disc at C5-6 requiring anterior discectomy with fusion and plating; herniated cervical and lumbar discs at C4-5, L5-S1; bulging lumbar disc at L4-5; and left (nondominant) shoulder derangement. Pltf. claimed total disability and never returned to work. Deft. contended that Pltf. was not totally disabled and that he had pre- existing degeneration because of heavy lifting and his overweight condition. Demonstrative evidence: graphic illustration of cervical discectomy. Specials: Workers Compensation settled for an additional amount.
Pltf. Experts: Conrad Berenson, Ph.D., economist, Woodbury; Edmond Provder, vocational rehabilitation, Manhattan.