Construction Worker Awarded $4.1M For Lost Wages & Medical Expenses But $0 For Pain & Suffering

A few months ago an appellate court agreed that a Manhattan Supreme Court Justice correctly addressed a gross injustice in a jury verdict that awarded an injured construction worker $4,144,141 for lost earnings and medical expenses but nothing for pain and suffering. This is called an inconsistent verdict. The trial judge upheld the jury verdict and told the defendants that unless they voluntarily agreed to pay the worker an additional $500,000 for past pain and suffering and $500,000 for future pain and suffering, that he would order a new jury trial limited to that issue. The failure of the plaintiff's trial lawyer to object to this inconsistent verdict,  before the jury was discharged did not preclude the trial court from setting aside the award of 0 for pain and suffering.

The plaintiff injured his bicep, shoulder, neck and back while moving a pallet of material with a co-worker that weighed between 150-196 pounds.The Manhattan jury agreed that the defendant violated Labor Law Section 240 (1) for failing to provide a hoist so these workers were not put at risk. The plaintiff ruptured a bicep tendon and tore the labrum in his shoulder both of which required surgery to repair. As a result of lifting the heavy pallet, the construction worker also suffered herniated discs in his neck and back. The plaintiff underwent lumbar spinal surgery which failed and he will need another surgery to his lower back. He never returned to the job. Natoli v City of New York, 180 A.D. 3d 477 - February 11, 2020

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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