09/12/2019
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As published in the New York Law Journal, partners Jonathan Roberts and Mark Muccigrosso recently obtained a $3.1 million settlement:
John Melvin v. CNY Construction Management, Inc., Allied 345 Retail, LLC, Allied MD Construction, LLC and Muss Brooklyn Development Co. L.P. and Hill Country Brooklyn, LLC;
On July 8, 2013, plaintiff John Melvin, 21, a laborer, worked at a renovation site that was located at 345 Adams St., in downtown Brooklyn. Melvin was directed to demolish two walls. He was provided a sledgehammer. The second wall collapsed while Melvin was hammering it. Melvin was struck and floored by falling debris, and he suffered injuries of an elbow, his face and his head.
Melvin's counsel moved for summary judgment of liability. Judge Kelly O'Neill Levy found violations of Labor Law Sections 240(1) and 241(6). Levy determined that CNY Construction Management and Hill Country Brooklyn were liable for the accident, and she dismissed the claims against Allied 345 Retail, Allied MD Construction and Muss Brooklyn Development. Levy also determined that Alba Carting and Demolition had to indemnify the liable defendants.
Melvin suffered a nondisplaced fracture of his skull's occipital and parietal bones, a concussion, a laceration of his face, and a fracture of his left, nondominant arm's elbow. His skull's injury caused a subdural hematoma, a subarachnoid hemorrhage and damage of his brain.
Melvin was retrieved by a taxi, and he was transported to a hospital. His bleeding was controlled without surgery, and his left elbow's fracture similarly resolved without surgery.
Melvin claimed that his brain's injury caused severe diminution of his left ear's functionality; aphasia, which involves impairment of the ability to formulate sentences and speech; anosmia, which involves a diminishment of the sense of olfaction; impairment of his memory; and impairment of other elements of his cognition. He also claimed that he developed post-concussion syndrome, with manifestations that included depression, fatigue, headaches and nausea. He underwent about 11 months of inpatient rehabilitative therapy, but he claimed that his symptoms persist.
Award: $ 3,100,000
Award Details: As a trial date neared, the parties negotiated a settlement. Alba Carting and Demolition's insurers agreed to pay a total of $2.95 million, and CNY Construction Management's insurer agreed to pay $150,000. Hill Country Brooklyn's insurer did not contribute. Thus, the settlement totaled $3.1 million.
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