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Edelman, Krasin & Jaye Wins $4 Million Settlement for Construction Fall

Gavel and law booksEdelman, Krasin & Jaye is very pleased to announce a $4 million settlement for a client who received multiple injuries in a workplace accident. Initially, the firm’s motion for summary judgment on Labor Law 240 was denied. Attorneys for the firm appealed the decision. The judgment was reversed on appeal.

The only issue remaining for a jury was damages for the plaintiff, Ronald Dirschneider, who was injured while doing renovation work in a women’s clothing store. The case was settled in mediation on the eve of trial.

Plaintiff falls while carrying heavy beam

Mr. Dirschneider was working for Vulcan Iron Works, Inc. doing renovation work at St. John’s Women’s Store. As a beam was being installed, he was lowering it from the main floor to a lower level.  The beam became caught on a stair tread that was slightly offset.  When the plaintiff dislodged the beam, it pulled on his glove. As a result, he was pulled off-balance and he fell head first down roughly 5 stairs, with the beam.

The beam weighed approximately 500 to 600 pounds.

As a result of the fall, the plaintiff received numerous injuries, including a right mid-foot sprain, torn ligaments in the right foot, a post cuneiform fracture, and a partial Lisfranc ligament tear with maintenance of alignment of the Lisfranc joint.

Mr. Dirschneider underwent two foot surgeries. The first put in necessary hardware for the injuries and the second took them out. He has been out of work since the date of the accident. The defendants had four experts prepared to testify that the plaintiff had made a full recovery and was able to return to work.

Precedent set for future “Scaffold Law” cases

New York Labor Law 240(1), often called the “Scaffold Law,” addresses the risk of falling from a height on a job. It rests the responsibility for a fall from a height with a third party if the third party did not fulfill their duty to have appropriate or non-defective safety devices to guard against any risk of falling. The third party can be an owner or subcontractor.

New York law firm Edelman, Krasin & Jaye believes this $4 million victory for our client will set a precedent for future cases involving New York Labor Law 240(1). This is a victory for all hard-working New Yorkers who may one day be in a similar situation.

Call a Workplace Injury Lawyer in New York City

If you or a loved one has been hurt in a construction site accident in New York City or Long Island, or have otherwise been injured in the workplace, call us today at 1.800.469.7429. All initial case reviews are free of charge, so you have nothing to lose in calling us to see how much your case is worth. We will fight for your rights to full and fair compensation!

Additional NY Labor Law 240 Resources:

  1. New York State Department of Labor, PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS, Scaffolding, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5
  2. Albany Law Review, Reforming New York Labor Law Section 240(1), https://www.questia.com/library/journal/1G1-404174519/reforming-new-york-labor-law-section-240-1

Edelman, Krasin & Jaye Reaches $3,875,000 Settlement for Client Hit by Tree Limb in NYC Park

Gavel and law booksEdelman, Krasin & Jaye is proud to announce a $3,875,000 settlement on behalf of a client who suffered severe skull and brain injuries due to a falling tree limb in a New York City park. Senior Partner Paul Edelman and Senior Trial Counsel Sal A. Spano handled the case.

The Plaintiff was a 48-year-old woman who, on May 27, 2012, was picnicking with her family in Randall’s Island Park – owned and operated by the NYC Dept. of Parks & Recreation. She was with her mother, her husband, their adult children and three grandchildren. They set up under a grove of tall oak trees in the Wards Meadow area of the park, where there are soccer fields and a concession stand.

It was Memorial Day weekend, and the weather was clear and calm, and the park was full of people enjoying the afternoon.

Plaintiff suffers skull fracture, brain injury, nerve damage

At about 5:00pm the Plaintiff told her grandchildren to go play while she set up their tent. As she was standing under an 86-foot-tall Pin Oak tree, suddenly and without warning a large dead tree limb 40 feet above her gave way. It was 28 feet long and weighed over 80 pounds. It broke from the tree and fell directly onto the Plaintiff’s head. She was immediately rendered unconscious, bleeding massively from the head and face.

The Plaintiff did not regain consciousness until the first responders arrived, whereupon she was rushed to Harlem Hospital. As a result of the accident, the plaintiff had suffered a skull fracture, facial fractures and traumatic brain injury. The Plaintiff became profoundly blind in her right eye due to damage to the optic nerve, and lost all sense of smell and taste.

Neglected tree posed an obvious hazard

Our investigation revealed that the subject tree had been in serious decline for several years. The branch which struck the Plaintiff was bare of any leaves and had been dead for at least two years. The tree itself was infested with carpenter ants burrowing away through a hole into the hollowed trunk, and the lack of healthy foliage and branch die-back were obvious indicators that the tree was declining and posed a hazard.

Expert witness says construction compromised tree’s health

Our investigation revealed that years prior, between 2007–2009, there had been major construction work at and around this grove of trees. An interior roadway with a curb was installed 14 feet away, utility lines were trenched in and laid, a fire hydrant and lamp post were installed about 18 feet away, and a soccer field was installed about 60 feet away. All of this, our expert opined, compromised at least 40% of the vital root system to this tree.

The City denied that there was any correlation between the construction and this tree’s health. The City’s Parks personnel would later testify that they routinely inspected and pruned the subject tree and that it was not showing signs of distress.

During the second week of trial the case settled for $3,875,000.00.

Edelman, Krasin & Jaye Secures $1.5 M Workplace Injury Settlement

Edelman, Krasin & Jaye, led by trial counsel Allen J. Rosner, recently secured a $1,500,500 settlement for a New York client who suffered severe workplace injuries on a construction site.  Plaintiff Anthony Marfoglio, a 58-year old plumber, was installing plumbing in an unfinished house in East Quogue when the staircase collapsed beneath him, causing him to sustain cervical disc injuries, nerve damage and other complications requiring surgery.

We were able to negotiate a pretrial settlement with defense counsel, providing Mr. Marfolglio fair compensation for his injuries, pain and suffering, without stepping into a courtroom. The case Marfoglio v Meadowcrest Homes was filed in Suffolk County Supreme Court.

$1.5 million for workplace safety violations

The complaint was brought against Robert F. Strecker, Meadowcrest Distinctive Homes, Meadowcrest Homes @ Greenville, LLC, and Sunrise to Sunset Construction Corp. Each of the defendants denied liability on the grounds that they had not ordered or performed installation of the prefabricated staircase, which was not sufficiently secured.

Attorney Allen J. Rosner argued that Sunrise to Sunset Construction Corp. — the project’s general contractor — and the property owners violated New York State Labor Law by failing to provide adequate safety protections as mandated by Labor Law § 241(6).

The substantial injury settlement takes into account the significant medical bills, lost income, rehabilitation and limitations suffered by Mr. Marfolglio, who has had several surgeries since the accident took place in 2008.

Mr. Marfoglio sustained injuries to his right knee, ulnar nerve, cervical spine and wrist, and in 2009 had knee replacement surgery followed by a discectomy in 2015.  The plaintiff spent several months in physical therapy, and today continues to suffer pain and limited mobility that prevents him from performing his normal job duties.

The case illustrates the dangers facing manual laborers at worksites where state-required safety measures are absent. The settlement also signifies the importance of justly compensated those who are injured on the job because of workplace negligence.

New York personal injury lawyers

Edelman, Krasin & Jaye, a Long Island-based personal injury law firm, is pleased to announce this workplace injury settlement, which marks another victory for our clients. For more information about our legal services, or to arrange a free case review, you can reach our Bronx and Long Island offices by calling 1.800.469.7429.

Edelman, Krasin & Jaye Secures $2.5 Million Verdict in NY Wrongful Death Case

Justice is ServedEdelman, Krasin & Jaye has procured a $2.5 million verdict in a wrongful death case tried in Kings County civil court. Jurors deliberated a mere three hours before coming to a unanimous decision regarding the death of a 20-year old college student who was killed in a 2008 drunk driving accident.

Attorney Sal A. Spano represented the plaintiffs and argued that the defendant negligently drove while intoxicated at the time of the fatal car accident.

Monetary damages included:

  • $200,000 for pain and suffering
  • $400,000 for pre-impact terror incurred by their son
  • $200,000 for past pecuniary loss in wrongful death
  • $1,700,000 for future pecuniary loss in wrongful death

$2.5 M judgement won in DUI-related death

The Honorable Harriet Thompson presided over the trial, which lasted six days. Jurors were presented with evidence and testimony provided by several expert witnesses before handing down their verdict on June 9, 2016.

During the trial, Attorney Spano called a forensic pathologist, a bio-medical engineer and an accident reconstructionist to the stand. Each provided insight into the dynamics and resulting trajectories of the two-car collision which ejected the young man from the vehicle, explaining there was no possibility that the defendant, who claimed he was riding in the passenger seat, was not in fact driving at the time of the crash.

The defendant testified that while he, the deceased and a third passenger had been drinking prior to the crash, it was defendant that had volunteered to drive the SUV. However, Attorney Spano called in an eyewitness who had seen the entirety of the three-second accident during her coffee break. The witness, a Transit Authority Supervisor, testified before jurors that she saw the defendant exit the SUV driver’s side window just after the crash.

The entire jury determined that defendant was the driver of the SUV, and that he was negligent for running a red light and driving while under the influence of drugs and alcohol.  Before his untimely passing, the decedent sustained pain and suffering, blunt impact trauma to the head and body, pre-death terror and wrongful death.

At this time, the defendants have not filed an appeal to the verdict.

A hard-won victory for Edelman, Krasin & Jaye

Edelman, Krasin & Jaye is very pleased with the outcome of this case given the complex circumstances surrounding liability. Though no verdict can bring back their son, the family was able to recover some measure of justice in the wake of their tragedy.

Every member of our team is committed to achieving the best possible result for people suffering in the aftermath of a personal injury or death of a loved one, and we take cases to court. To learn more about your legal options, call 1-800-469-7429 to schedule a free consultation. We also provide house calls in the event your injuries will not allow you to travel to our Long Island or Bronx offices.