Sylwester and Ewa Szczepanic v. Wyndham Close Development Co., Inc.; Alfred J. Liverzani Construction Management, Inc. v. Motz Master Builders, Inc.
Type of Injury
FRACTURED VERTEBRAE, SEXUAL DYSFUNCTION, AND POST-TRAUMATIC STRESS DISORDER
laborer for Motz Master Builders
This action settled before trial for $2,100,000, plus the waiver of a $ 518,000 Workers’ Compensation lien.
XVI/12-39 LABOR LAW WORKER FALLS WHILE INSTALLING WINDOWS FRACTURED VERTEBRAE, SEXUAL DYSFUNCTION, AND POST-TRAUMATIC STRESS DISORDER
SETTLEMENT: Sylwester and Ewa Szczepanic v. Wyndham Close Development Co., Inc.; Alfred J. Liverzani Construction Management, Inc. v. Motz Master Builders, Inc. 12169/94 Date of Settlement 6/5/98 Kings Supreme
Pltf. Atty: Robert R. MacDonnell of Samuel J. Lurie, Manhattan
This action settled before trial for $2,100,000, plus the waiver of a $ 518,000 Workers’ Compensation lien. Pltf., a 35-year-old laborer employed by Third-party Deft. Motz Master Builders, claimed that he was injured on 12/17/93 when he fell from the second floor while installing windows. Pltf. was granted summary judgment against Defts. pursuant to Labor Law ? 240.
Injuries: fractured vertebrae at C5-6, C-6, and C-7 with spinal cord compression; quadriparesis; sexual dysfunction; post-traumatic stress disorder. Pltf. was hospitalized at Westchester Medical Center for 3 months following the accident, and for 2 months at the Rusk Institute. Pltf. requires a home health care attendant for some activities of daily living. He is not wheelchair bound. He can walk stairs, bathe and feed himself, and can use public transportation. He is able to walk for short periods of time. Pltf. claimed that he cannot return to work, and claimed that he will need care for the rest of his life.
Defts. would have argued that Pltf. made an excellent recovery and is independent in most activities of daily living. Defts. would have contended that Pltf. is capable of working, and argued that only minimal medical intervention will be necessary in the future. Settlement apportionment: $850,000 paid by Wyndham; $500,000 paid by Liverzani; $750, 000 and the Workers’ Compensation lien paid by Third-party Deft. Motz. Carriers: Merchant’s Mutual for Wyndham; Hartford for Liverzani; State Ins. Fund for Third-party Deft. Motz.
Pltf. Experts: Pltf. would have called Dr. Joseph Waltz, neurosurgeon, Bronx; Dr. Malcolm Reid, physical medicine and rehabilitation, Manhattan; Dr. Janusz Gorzynski, psychiatrist, Manhattan; Dr. Selwyn Freed, urologist, Bronx; Edmond Provder, vocational rehabilitation, Manhattan; Conrad Berenson, Ph.D., economist, Woodbury.
Deft. Experts: Deft. would have called Dr. Stephen Gilbert, neurologist, Brooklyn; Dr. Laurian Jacoby, physical medicine and rehabilitation, Brooklyn; Dr. Carl Barbera, orth. surg., Brooklyn; Dr. Arnold Merrian, psychologist, New Rochelle; James Pascuiti, vocational rehabilitation, Springfield, New Jersey.