WORKPLACE-CONSTRUCTION SITE ACCIDENT FALLING DEBRIS -DIRECTED VERDICT ON LABOR LAW LIABILITY – HEAD INJURY RESULTING IN BRAIN DAMAGE
Jury Verdict: $52,000 (by a 5 to 1 jury vote) Breakdown: $30,000 for past pain and suffering; $17,000 for past lost earnings; $5,000 for past medical expenses; $0 for future pain and suffering.
Facts: Pltf., a 24-year old demolition worker employed by Third-party Deft., claimed that on 3/30/87 he was struck on the head by a sprinkler pipe that fell from the Life Saver building in Port Chester during its demolition. The building was being converted to condominiums. Pavarini Construction was the general contractor at the site and Stamford House Wrecking was the subcontractor. Pltf. brought this suit under Labor Law § 240(1) and was granted a directed verdict after the damages trial.
Injuries: Contusion to the frontal lobe resulting in lethargy and headaches. Pltf. claimed that he was out of work for 6 months. He treated with a neurologist intermittently for approximately 2 years, until 1989. Pltf. claimed that the injuries prevented him from following his vocation of becoming a professional body builder. He claimed that he was unable to properly continue with his diet or weightlifting. Pltf. argued that he had competed prior to the incident and that sports agents were interested in him.