$3M Verdict For Injured Construction Worker Upheld On Appeal

On April 9, 2020 an appellate court agreed that a Manhattan jury got it right in awarding over $3,000,000 to a 52 year old carpenter who was struck in the neck by a falling wooden plank. The accident occurred at a construction site on First Avenue as a result of an unprotected opening in the floor above where the carpenter was working. The plaintiff suffered herniated discs at three levels in his cervical spine which led to an extensive cervical fusion of his neck that significantly limited his range of motion and caused severe permanent pain.The defense argued that the plaintiff had not sought treatment, other than a brief ER visit, for six months when he had another accident. The defense contended that the plaintiff only began his medical treatment because he was injured while riding as a passenger in a bus that suddenly stopped. The primary defense on damages was that any injuries suffered were degenerative in nature or were caused by the bus accident.

The jury awarded the plaintiff $550,000 for 11 years of past pain and suffering; $850,000 for 17 years of future pain and suffering; $1,124,000 for lost earnings; and, $520,000 for medical expenses (reduced by $54,261).There was a classic battle of the medical experts on the issue of which accident caused the neck injuries requiring surgery and the jury agreed with the plaintiff's experts. (Even though the first cervical MRI was not performed until after the bus accident some 6 months after the construction accident).The appellate court agreed that the trial Judge correctly refused to submit a special verdict sheet requiring the jurors to specify which injuries were caused by each accident. Baptiste v RLP-East, LLC, 182 A.D. 3d 444

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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